GameStop Pro & Account Terms & Conditions

Effective Date: January 28, 2025

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”), and the GameStop Privacy Policy, which can be found at https://www.gamestop.com/PrivacyPolicy.html (“Privacy Policy”), and which is incorporated into these 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 purchasing a GameStop Pro Membership, or being automatically enrolled in, accessing, joining, or using the Program, you have read, understand, and agree (a) to be bound by these Terms and the Privacy Policy; (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 and the Privacy Policy, then you must stop accessing, joining, or using the Program.

We may revise these Terms or the Privacy Policy 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. AS FURTHER SET FORTH IN THE "DISPUTE RESOLUTION" SECTION BELOW, THIS MEANS THAT ANY DISPUTES BETWEEN US WILL BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN IN COURT BY A JUDGE OR JURY. THESE PROVISIONS ALSO PROHIBIT YOU FROM PARTICIPATING IN ANY SORT OF CLASS OR REPRESENTATIVE ACTION AGAINST GAMESTOP.

Membership Eligibility

Membership in the Program is valid only at participating GameStop U.S. retail store locations and online at www.GameStop.com. 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. Subject to change without notice, a Pro Member is entitled to the following benefits commencing immediately following the purchase of the Pro Membership:

By accessing, joining, or using the Pro Membership, you agree to receive such communications from GameStop.

Substantiation of Claims

For illustrative purposes only, the following is an example of how members can receive up to $65 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, 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 and lose access to all associated benefits and points.

Accumulation of Points & Points Expiration

Only active Pro Members and GameStop Pro Credit Cardholders accumulate points, where “active” means Members that have a current GameStop Pro Membership or GameStop Pro Credit Card, are in good standing and have made a purchase in the past twelve (12) months.

For points to be accumulated, the Member’s Account number must be provided at the 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 without a Pro Membership and/or without a GameStop Pro Credit Card do not accumulate points.

The amount of points accumulated from any eligible product purchased will be rounded up to the nearest whole point. 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 outlines point expiration:

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, benefits will stop effective immediately, and points will expire. 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.

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 and GameStop Pro Credit Cardholders 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

Subject to the provisions in the Dispute Resolution provisions below, 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.

Newly published 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. BY AGREEING TO ARBITRATION, YOU AND GAMESTOP HAVE MORE LIMITED RIGHTS OF APPEAL THAN WE WOULD IN COURT.

a. INFORMAL DISPUTE RESOLUTION,
You and GameStop agree to first attempt to resolve any dispute between us informally. Accordingly, neither you nor GameStop may start a formal arbitration proceeding (or, where permitted by these Terms, a lawsuit) 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 notice of any dispute via email at poweruprewards@gamestop.com, or hand or first-class mail to us at GameStop, Attn: Guest Care, 625 Westport Parkway Grapevine, Texas 76051. Your written notice must include: (a) a description of the dispute including the legal basis for any claim and the specific relief sought; (b) any email address(es) or other identifying information associated with Your use of the Program; and (c) Your name and mailing address.

Except with respect to disputes exempt from arbitration under Section c or applications for provisional relief pursuant to Section c, a good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. You and GameStop agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

b. BINDING ARBITRATION.
Following the informal dispute resolution process above, and only if that process is unsuccessful, You and GameStop agree to resolve any dispute between us, or between you and GameStop’s affiliates, through final and binding arbitration as provided in this Section b with three exceptions identified in Section c below. You can opt-out of this arbitration agreement, but only if you do so during the opt-out period in accordance with Section d.

i. SCOPE OF MUTUAL ARBITRATION AGREEMENT.
You and GameStop agree that all claims, disputes, or disagreements that may arise out of or relate to the interpretation, applicability, enforceability, formation, or performance of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees (each a “Dispute”), shall be resolved exclusively through binding arbitration in accordance with this Section b (collectively, the “Arbitration Agreement”).

Because your participation in the Program and use of any other GameStop service affects interstate commerce, this Arbitration Agreement is governed by the Federal Arbitration Act in all respects, including its interpretation and enforcement.

This Arbitration Agreement supersedes any prior arbitration agreement we may have had and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, as well as claims that may arise after these Terms or the Program terminate, in accordance with the notice and opt-out provisions set forth in Sections d (“30-Day Right to Opt Out”) and e (“Changes to this Dispute Resolution Section”).

Except as set forth below in Section b(iii), if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, you and GameStop agree that the arbitrator or court should nevertheless try to give effect to our intentions as reflected in the provision, and that the other provisions of the Arbitration Agreement remain in full force and effect.

ii. WAIVER OF JURY TRIAL; DIFFERENCES BETWEEN ARBITRATION AND COURT.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, BOTH YOU AND GAMESTOP HEREBY WAIVE OUR RESPECTIVE CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE DISPUTES RESOLVED IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

Instead, we elect that all Disputes (except those in Section c) shall be resolved by arbitration. In arbitration, any Dispute will be decided by a neutral arbitrator who has the power to award the same damages and relief as a court. Arbitration procedures are typically less formal, more efficient, and less costly than court proceedings, but they are also in some respects more limited. Rights to discovery in arbitration may be more limited than in a court and there is very limited ability to appeal an arbitration decision or to obtain review of it by a court. It is also possible that the costs of arbitration are greater than those in court.

iii. NO CLASS ACTIONS; CONSOLIDATION PERMITTED.
YOU AND GAMESTOP ACKNOWLEDGE AND AGREE THAT, TO THE MAXIUMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION b(iii), and SECTION b(v)(5) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIMS. NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF GAMESTOP PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

With the exception of this Section b(iii) and Section b(v)(5), if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision(s) were not contained herein. If, however, Section b(iii) or Section b(v)(5) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor GameStop shall be entitled to arbitrate the dispute.

Nothing in this Section b(iii) prevents you or GameStop from participating in a class-wide settlement of claims

iv. ARBITRATION LOCATION; USUALLY REMOTE.
If the amount in controversy between you and GameStop is less than $10,000, then the arbitration will be conducted solely by submission of written materials that you and GameStop submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary or (ii) the parties agree otherwise. In such cases, the parties agree to remote participation in the hearing by video-conference or telephone.

If the amount in controversy between you and GameStop exceeds $10,000, either party may request an arbitration hearing, and that hearing shall presumptively be held via video-conference or telephone unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. In the event there is an in-person hearing: the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with the applicable provider rules and law.

Notwithstanding anything else in this Section b(iv), 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.

v. ARBITRATION PROCEDURES, RULES, AND COSTS.

  1. THE PROVIDER AND FEES.

    2. The arbitration will be conducted in English, administered by JAMS (“JAMS”), and resolved before a single arbitrator. If JAMS is not available to arbitrate, the parties will select an alternative arbitration provider. 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.

    Except as modified in this “Dispute Resolution” section, JAMS will administer the arbitration in accordance with the provisions of (i) JAMS Streamlined Arbitration Rules and Procedures, if the amount in dispute between the parties is $250,000 or less, or (ii) JAMS Comprehensive Rules and Procedures, in either case excluding any rules or procedures governing or permitting class or representative actions. If twenty-five (25) or more similar arbitration demands are filed against GameStop by either the same party or similar parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), then JAMS Mass Arbitration Procedures—which permit JAMS under certain circumstances to batch, consolidate, or otherwise coordinate your claim with other similar claims—will apply. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/.

    You are responsible for your own attorneys’ fees and costs unless the arbitration rules and/or applicable law provide otherwise, and the arbitrator determines to award you such fees.

    The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees JAMS imposes does not constitute a default, waiver, or breach of this “Dispute Resolution” section while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

  2. ARBITRATOR’S AUTHORITY.

    3. The arbitrator shall apply federal U.S. laws to claims arising under federal law, and Texas law consistent with the FAA to claims arising under state law (federal law shall apply where Texas law is inconsistent with the FAA / federal law on issues relating to arbitration). The arbitrator shall apply all federal and state statutes of limitations applicable in court to either party’s arbitration demands. The arbitrator shall also honor claims of privilege recognized at law. Notwithstanding the foregoing, the Federal Rules of Evidence shall apply to all arbitration proceedings. 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 these Terms and this Arbitration Agreement.

    The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with JAMS rules and procedures for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms and for a party’s failure to engage in informal dispute resolution.

    The parties may settle any Dispute on a mutual basis without involvement of the arbitrator.

  3. SUFFICIENCY OF ARBITRATION DEMAND.

    4. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The demand must also include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements and may impose sanctions consistent with Section (b)(v)(2) for frivolous claims, including any claim filed on behalf of an individual who is not a party to these Terms or this Arbitration Agreement.

    Any arbitration demand initiated by you must be delivered in writing within the applicable statute of limitations period via email at Legal@gamestop.com, or by hand or first-class mail to GameStop, Attn: General Counsel, 625 Westport Parkway Grapevine, Texas 76051.

  4. DISPOSITIVE MOTIONS AND DISCOVERY.

    5. The parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

    All discovery in an arbitration proceeding shall be subject to any and all objections available under Federal Rule of Civil Procedure 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.

  5. BATCHING.

    6. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with Section b(v)(1) if JAMS is unavailable) against GameStop within reasonably close temporal proximity (“Mass Filing”), the parties agree:

    (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with no more than one batch filed, processed, and adjudicated at a time, unless GameStop and claimants’ counsel for the Mass Filing agree that more than one batch should proceed simultaneously to facilitate the efficient resolution of claims;

    (B) to designate one arbitrator for each batch;

    (C) to accept applicable fees, including any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with b(v)(1) if JAMS is unavailable) in its discretion;

    (D) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of up to 100 demands is filed, processed, and adjudicated, subject to the parties’ decision to permit simultaneous batching;

    (E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by GameStop and the claimants, shall only be due after a demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and

    (F) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved.

    If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

    Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by applicable law exceed those provided for in the JAMS rules, and the arbitrator will determine the location where the proceedings will be conducted, including if they will be conducted remotely as otherwise set forth in this Arbitration Agreement.

    You and GameStop agree to cooperate in good faith with each other, the arbitration provider, and the arbitrator to implement this “batching approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by JAMS (or the alternatively selected provider) in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that the arbitration provider or arbitrator may increase or decrease the batch size, or transfer a case between batches in their reasoned discretion. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS process arbitrator.

    This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS Mass Arbitration Procedures or authorizing class arbitration of any kind.

  6. MEDIATION FOLLOWING FIRST BATCH IN A MASS FILING.

    7. The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of 5 mediators proposed by JAMS, with GameStop and the remaining claimants’ counsel being able to strike one mediator each and to rank the remaining mediators. The highest collectively ranked mediator will be selected as determined by JAMS. The selected mediator will try to facilitate a resolution of the remaining (unadjudicated) demands in the Mass Filing. After the decisions/awards of the first batch of demands are provided to the mediator, GameStop, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either GameStop or any remaining claimant may opt out of the arbitration process and have their demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither GameStop nor the remaining claimants opt out of arbitration, and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

  7. ARBITRATION AWARD.

    8. The arbitrator will render an award within the time frame specified in the applicable JAMS rules and procedures. The arbitrator’s decision will include the essential findings of fact and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the procedures set forth in this Arbitration Agreement, and also must be consistent with the terms of the “WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY” Section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision shall have any preclusive or precedential effect in other arbitrations, except to preclude the same claim from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

    c. EXCEPTIONS TO ARBITRATION.

    Notwithstanding the parties’ agreement to resolve all disputes through binding arbitration as set forth in Section b (“BINDING ARBITRATION”):

    i. IP DISPUTES.
    To the extent you have in any manner violated or threatened to violate GameStop’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) or to the extent that you believe GameStop has violated or threatened to violate your intellectual property rights, GameStop or you may bring a lawsuit in a court of competent jurisdiction as provided in these Terms 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.

    ii. SMALL CLAIMS COURT AND STATUTES OF LIMITATION.
    Either party may elect to have any claim or dispute resolved in a small claims court regardless of what forum the filing party initially chose, provided the dispute or claim is within the scope of that court’s jurisdiction.

    Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under these Terms, and any filed arbitrations related to any court action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

    iii. PROVISIONAL RELIEF.
    Notwithstanding the Arbitration Agreement in Section b (“BINDING ARBITRATION”), you and GameStop agree that either party may apply to a court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief.

    d. 30-DAY RIGHT TO OPT OUT.
    You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: poweruprewards@gamestop.com. The notice must be sent within 30 days of January 28, 2025, or the date you first participate in the Program, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of the Arbitration Agreement, GameStop also will not be bound by it.

    If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Terms will not apply to claims not yet filed. Moreover, even if you opt out of the Arbitration Agreement in accordance with this Section d, other provisions of the “Dispute Resolution” Section will continue to apply, including for example, Section a (“INFORMAL DISPUTE RESOLUTION”), Section f (“CHOICE OF LAW, VENUE, AND JURISDICTION/SERVICE OF PROCESS”), and Section g (“CLASS ACTION WAIVER”).

    e. CHANGES TO THIS DISPUTE RESOLUTION SECTION.
    GameStop will provide 30 days’ notice of any material changes to the “Dispute Resolution” Section by posting a notice on this website, informing you via email, or as otherwise legally required. Material changes will become effective thirty (30) days after notice is provided and will apply to all claims not yet filed regardless of when they accrued. Unless you terminate your participation in the Program (or you follow any opt-out procedure described in the revised terms) prior to that time, you agree that any unfiled claims are subject to the revised provisions. If you terminate your participation in the Program before the updates to the “Dispute Resolution” Section take effect, then the version of the Section that was in effect on the effective date of your termination will continue to apply.

    f. CHOICE OF LAW, VENUE, AND JURISDICTION/SERVICE OF PROCESS.

    i. CHOICE OF LAW.

    These Terms and all disputes between you and GameStop, whether in arbitration or court (if a dispute is non-arbitrable under these Terms or for any other reason), shall be governed by the laws of the United States and the laws of Texas, without regard to conflicts of law provisions—in other words, any federal law or Texas law, including any conflict of law principle, that would provide for the application of the laws of another jurisdiction other than the United States or Texas shall not apply.

    ii. VENUE, JURISDICTION, AND SERVICE.

    By agreeing to these Terms, you agree that to the extent any dispute is not arbitrable—to include any arbitration-related litigation such as a motion to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on an arbitration award—the Dispute must be resolved exclusively by a court of competent jurisdiction, federal or state (including small claims court), located in Tarrant County, Texas, and no other court. You and GameStop consent to the exercise of personal jurisdiction over you by such courts with respect to any dispute and hereby waive any and all jurisdictional and venue defenses otherwise available to you in them. You further agree to accept service of process by U.S. or certified mail from GameStop or these courts.

    g. CLASS ACTION WAIVER.
    To the extent permissible under applicable law, you agree that any dispute between you and GameStop that is not subject to arbitration for any reason may only be pursued by you on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. To the extent a dispute between you and GameStop is subject to arbitration, the provisions set forth above shall apply, including those regarding class arbitration, private attorney general arbitration, arbitration involving consolidated claims, and batching.

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.

GameStop Pro Credit Card (formerly known as the PowerUp Rewards Credit Card) GameStop Pro Credit Card. The GameStop Pro Credit Card is a third-party product that is issued, operated, and administered by Comenity Capital Bank. For GameStop Pro Credit Cardholder terms of use, please visit https://d.comenity.net/GameStop/public/agreements/tac.xhtml.

Free Year of GameStop Pro when GameStop Pro Credit Card is Activated. New GameStop Pro Credit Card applicants that have a GameStop Account and use the email address associated with that GameStop Account to apply for the GameStop Pro Credit Card will receive a single, 12-month membership to the Program for free. This offer is valid one time only and no substitutions or duplicate offers will be accepted. If you are not already a Pro Member, upon applying for the GameStop Pro Credit Card, you will be automatically enrolled in the Program within 48 hours of your application being approved. If you are already a Pro Member, your Pro Membership will be extended 12 months. You will need to make your first purchase on the GameStop Pro Credit Card within 90 days of account opening. Failure to make a purchase on the GameStop Pro Credit Card will result in this benefit being reversed.

Other Terms and Conditions

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.