Effective Date: April 4, 2024
The GameStop Pro Program (“Program”) is sponsored by GameStop®(“GameStop” or “we” or “us” or “our”) and governed by these Terms andConditions, which can be foundat https://www.gamestop.com/TermsConditions.htmloranywhere else that they are displayed or linked (“Terms”), and theGameStop Privacy Policy, which can be found athttps://www.gamestop.com/PrivacyPolicy.html (“Privacy Policy”).
Please read these Terms and the Privacy Policy carefully because theygovern your participation and use of the Program. You (“You” or“Member”) acknowledge and agree that by purchasing a GameStop ProMembership, or being automatically enrolled in, accessing, joining, orusing the Program, you have read, understand, and agree (a) to be boundby these Terms and the Privacy Policy; (b) to receive advertising,marketing materials, and other communications, unless expresslyprohibited by law; and (c) to comply with all applicable laws andregulations. If you do not agree to, or cannot comply with, these Termsand the Privacy Policy, then you must stop accessing, joining, or usingthe Program.
We may revise these Terms or the Privacy Policy to reflect changes tothe Program, our users’ needs, our business priorities, or changes inlaws and regulations. We will give you notice of such revisions inaccordance with legal requirements. If, however, you do not agree to, orcannot comply with, the modified Terms, you must immediately stopaccessing, joining, or using the Program. Your continued use of theProgram after any such update constitutes your binding acceptance ofsuch changes.
THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION WAIVERPROVISION THAT, AS FURTHER SET FORTH IN THE "DISPUTE RESOLUTION" SECTIONBELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVEDISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASSACTIONS OF ANY KIND.
Membership Eligibility
Membership in the Program is valid only at participating GameStop U.S.retail store locations and onlineat www.GameStop.com.Membership is open to residents of the United States who are 13 years ofa*ge or older. If a Member is between 13 and the age of majority inhis/her state, then the Member agrees that he/she has obtainedpermission from a parent or legal guardian to access, join, or use theProgram. GameStop does not knowingly collect information from childrenunder 13. If you are a parent, guardian, or other person and becomeaware of information collected from an individual under 13, pleasecontact us immediately by toll-free phone at 1-800-883-8895 or via theContact Us section below.
Your Account
To participate in the Program or to sign up for a Membership, you willcreate a GameStop account (the “Account” or “GameStop Account”). You mayhave only one (1) GameStop Account as part of the Program. Creation ofmultiple GameStop Accounts can result in termination of all yourGameStop Accounts, Membership(s) and/or associated activities. Membersare responsible for maintaining accurate and updated personalinformation in their GameStop Account.
You can create a free GameStop Account without participating in theProgram. However, you will not receive the benefits of the Programunless you have a Membership in good standing in the Program.
Members can obtain information about the Program, their GameStop Accountactivity, and change their profile preferences and contact informationat any time byvisiting www.gamestop.com/account .GameStop Account and Program information may also be obtained bycontacting GameStop Guest Care (“Guest Care”) as described in theContact Us section below.
You are responsible for notifying us if you become aware of anyunauthorized use of or access to your GameStop Account. To contact us,please see the Contact Us section below. You understand and agree thatwe may require you to provide information that may be used to confirmyour 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 usingyour password or GameStop Account, either with or without your knowledgeand/or authorization, and regardless of whether you have or have notadvised us of such unauthorized use. You will be liable for losses,damages, liability, expenses, and lawyers’ fees incurred by GameStop ora third party due to someone else using your GameStop Account.
Advertising, Marketing Materials, and Other Communications
Members agree to receive advertising, marketing materials, and othercommunications, including but not limited to, email, SMS text,telephone, push notifications or direct mail, unless expresslyprohibited by law.
Membership
Membership numbers, cards (digital or otherwise), points, offers, rewardcertificates, and any other benefits of the Program are nontransferable,have no cash value, may not be purchased, and are not redeemable forcash under any circ*mstances except as required by law. Accumulatedpoints, offers, and rewards certificates do not constitute property ofthe Member. Accumulated points and coupons are not transferable by theMember upon death, as part of a domestic relations matter, or otherwise.Points and other benefits of the Program may be taxable where requiredby law.
Members may be provided with the ability to use usernames, passwords, orother codes or devices to gain access to restricted portions of GameStopwebsites and mobile applications including, withoutlimitation, www.GameStop.com andthe GameStop App (which includes the iOS and Android versions thereof)("Access Codes"). Transactions completed on www.GameStop.com or theGameStop App are subject to the Conditions of Use foundat https://www.gamestop.com/disclaimer.html.Each Member has the responsibility for the use of and maintaining theconfidentiality of Member’s own Access Codes.
Entities or persons are prohibited from using the Program for profit andare 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 orwithout notice. GameStop shall not be liable to you or any third partyfor any modification, suspension, or discontinuance of the Program. Wereserve the right, but are not obligated, to limit the sales of ourproducts or the Program to any person, geographic region, orjurisdiction. We may exercise this right on a case-by-case basis. Wereserve the right to limit the quantities of any products or servicesthat we offer. All descriptions of products, services or related pricingare subject to change at any time without notice, at the sole discretionof us. We reserve the right to correct any errors, inaccuracies, oromissions, and to change or update information or cancel orders if anyinformation in the Program or on any related website is inaccurate atany 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 Programat any time for any or no reason at all, with or without notice toyou. If we terminate your right to access the Program, these Termswill terminate and all rights you have to access the Program willimmediately terminate; however, certain provisions of these Termswill still apply post termination, including, without limitation,and as applicable, the Mandatory Arbitration and Class Action Waiverprovisions.
Termination of your GameStop Account may also include, at GameStop'ssole discretion, the deletion of your GameStop Account and/or UserContent, and you will not be able to retrieve any informationrelated to your GameStop Account except as required by applicablelaw. If we terminate your right to access the Program, you willremain liable for all amounts due up to and including the date oftermination. Cancellation of Membership results in loss of all ofMember’s accumulated points (bonus or otherwise).
A Member may voluntarily cancel his or her Membership by notifyingGuest Care as indicated in the Contact Us section below. Members whocancel voluntarily may not re-activate their Membership.
GameStop Pro® Membership (formerly known as GameStop PowerUp RewardsPro Membership)
At time of enrollment, or at any time after initial enrollment, aMember may purchase a GameStop Pro Membership ("Pro Member," “Pros,”or "Pro Membership") in select stores participating in the Program,or onlineat www.gamestop.com orthrough the GameStop App. The current price for a Pro Membership is$25 per year. Membership fees and terms (which include benefits) mayvary and are subject to change at any time and in GameStop’s solediscretion. Subject to change without notice, a Pro Member isentitled to the following benefits commencing immediately followingthe purchase of the Pro Membership:
5,000 welcome bonus points, which will be added within thefirst month of enrolling as a Pro for the first time. Prosthat renew their Membership will not receive bonus points.
5% extra off discount on certain categories, including:
Pre-owned consoles, pre-owned video games, pre-owned videogame accessories, and pre-owned tech,
Collectibles, trading cards, toys & apparel: whichinclude board games, blind bags, actions figures, replicas,and statues,
Clearance,
GameStop brand products, which include products from Atrix,Geeknet, and Modern Icons (excludes GameStop gift cards),
GameStop Product Protection Plans: Applies only to GameStopproduct replacement plans and Game Play Guarantee planspurchased from GameStop in-store. A product protection planis a service contract. See service contract terms forspecific coverage, limitations, and exclusions. Note thatPro Membership is not required to purchase a GameStopproduct replacement plan, and Pro Members are not requiredto purchase a GameStop product replacement plan to maintaintheir Pro Membership. GameStop product replacement planspurchased on the secondary market or from or through a thirdparty and third party product replacement plans are notincluded in this discount, and
Digital Games and Currencies online: Applies to digitalgames, virtual currencies, subscriptions, add-ons, anddigital pre-orders.
These above discounts and categories are subject to changeat any time and in GameStop’s sole discretion, andexclusions may apply. Products that are in two or morecategories will only get 5% extra off (such discount is notcumulative - for example, if you have a product thatqualifies as a GameStop brand product and apparel, you willget 5% extra off that item, not 10% extra off). Suchdiscounts do not apply to taxes, fees and delivery charges,and are applied on per qualifying product basis. Whereapplicable, such discounts will be applied after all othereligible discounts and deductions are applied, except forwhere otherwise stated. Such discounts may not be used inconjunction with any coupons or in connection with employeediscounts, or any corporate, institutional, or prearrangedgroup discounts, unless specifically stated.
2% back in rewards: 20 points will be accumulated for everyU.S. dollar spent, excluding the cost of a Pro Membershipand purchase of GameStop gift cards. Other exclusions mayapply.
10% extra trade-in credit on games, accessories, and more.Excludes tech trades. Such credit is in the form of cash orGameStop store credit only. Other exclusions may apply.
Annual digital access to Game Informer magazine: Requirescreating an account at www.gameinformer.com.
Pro $5 Monthly Reward: These coupons provide $5 off oneeligible item, such as games, accessories, collectibles, andhardware. Coupons can be used once in total, either in-storeor online. A Pro Member can only use one (1) Pro $5 MonthlyReward coupon per month. Coupons will be made available in aPro Member’s Account within the first week of each calendarmonth and will expire during the last day of that calendarmonth. These coupons cannot stack or be used with otherpromotions. The coupon cannot be used on gift cards,taxes/fees, downloadable content (“DLC”), digital (online)gaming/virtual currencies, digital game downloads, a ProMembership, or reservations. Other exclusions may apply.Pros will not receive a monthly reward certificate for themonth they enroll.
Access to Pro Exclusive Deals & Product Drops & ProWeeks. From time to time, and at GameStop’s sole discretion,GameStop may communicate to Pro Members certain Proexclusive deals, product drops and/or Pro Weeks.
By accessing, joining, or using the Pro Membership, you agree toreceive such communications from GameStop.
Substantiation of Claims
For illustrative purposes only, the following is an example of howmembers can receive up to $65 in annual value from the GameStop ProMembership:
$60 from the $5 Monthly Pro Reward (12 x $5 = $60), and
$5 in Rewards from the 5,000 Welcome Points
Pro Members can potentially increase their annual value by utilizingthe additional benefits (such as the above-listed 5% extra offdiscount on certain categories, 2% back in rewards, annual digitalaccess 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 refundwithin two (2) days of purchase of the Membership if the Member hasnot used any of the Pro benefits, including earning points ordiscounts, subject to certain conditions. Upon returning the ProMembership materials, the Pro Membership will be downgraded to thefree GameStop Account. A Member may cancel his or her Pro Membershipat any time (without refund) by notifying Guest Care by mail, email,or telephone (see the Contact Us section below). GameStop, in itssole discretion, reserves the right to cancel an individual ProMembership by refunding the purchase price. Cancellation will resultin the loss of all of Member’s accumulated points (bonus orotherwise).
In the event a Pro Member does not pay to renew their Membershipafter the 1-year period, the Member's Account will be downgraded tothe free GameStop Account and lose access to all associated benefitsand points.
Accumulation of Points & Points Expiration
Only active Pro Members and GameStop Pro Credit Cardholdersaccumulate points, where “active” means Members that have a currentGameStop Pro Membership or GameStop Pro Credit Card, are in goodstanding and have made a purchase in the past twelve (12) months.
Pro Members accumulate 20 points for every $1 spent on anyeligible product purchase, excluding the purchase ofGameStop gift cards, taxes and fees, and reservations.
GameStop Pro Credit Cardholders accumulate 20 points forevery $1 spent on any eligible product purchase. Certainproducts or charges may be ineligible for points.
GameStop Pro Credit Cardholders with a Pro Membershipaccumulate up to 40 points for every $1 spent by combiningthe above two benefits.
For points to be accumulated, the Member’s account number must beprovided at the time of purchase of eligible products in store oronline. Rates are subject to change without notice. “Accumulation ofpoints” or “accumulated points” or “accumulate points” or “earnedpoints” means points (bonus or otherwise) that are posted to, orrecorded on, a Member’s GameStop Account based on an eligiblepurchase or bonus.
Points will post or record to a Member’s GameStop Account withinapproximately 24-48 hours from the time of purchase. Points foronline orders may not post or record until the entire order has beenfulfilled. Members are responsible for ensuring that their pointsare properly posted or recorded on their respective GameStopAccounts. If proper posting or recording of points does not appearon the Member’s activity statement, the Member should contact GuestCare within thirty (30) days of the purchase or grant of bonus,respectively. No adjustments to a Member's Account will be madeafter 30 days from the actual date of purchase or the grant date ofbonus, respectively, except at GameStop's sole discretion.
Select other products may, at any or all times, accumulate lower orzero-point values at GameStop's sole discretion.
GameStop Accounts without a Pro Membership and/or without a GameStopPro Credit Card do not accumulate points.
The amount of points accumulated from any eligible product purchasedwill be rounded up to the nearest whole point. Point calculationsare based upon dollars spent at checkout on eligible purchases lesstaxes, fees, delivery charges, rebates, or other excluded charges.
Points cannot be accumulated on purchases made before a Memberinitiates a GameStop Account and Members cannot view theiraccumulated points or redeem their points for rewards until theGameStop Account profile is completedat www.gamestop.com/create-account.
Members do not accumulate points for the amount of any couponsredeemed or discounts applied or other ineligible tender type. WhenMembers return products to the store, points previously posted to aMember's GameStop Account for that purchase will be deducted fromthe Member's GameStop Account. Other exclusions and limitations mayapply.
Except as may be required by law, in the event that a Member returnsmerchandise that was partially or wholly paid for with a coupon(s),the coupon(s) and points used in connection with the purchase willnot be reissued.
The following outlines point expiration:
Points are valid for one (1) year from date of accumulation(that is, the date of when the points are posted to, orrecorded on, the Member's Account).
If a qualifying purchase is not made within 12 months, allaccumulated points shall be forfeited and the Membership issubject to closure at GameStop's discretion.
All of Member’s accumulated points will expire upontermination or expiration of Member’s GameStop ProMembership, whichever is earliest.
GameStop Pro Credit Cardholders’ points will not expireafter the date that they are posted to your points balance;however, they will be subject to the terms described in theProhibited Activities and Uses and GameStop Pro MembershipAuto-Renew Program sections.
90 days after closure of your GameStop Pro Credit Cardaccount, your points will be subject to normal expirationrules, in which (i) GameStop Pro Member points expire 1calendar year from the original date of accumulation and(ii) ending or letting your GameStop Pro Membership lapsewill result in expiration of all points.
GameStop reserves the right to change the points expiration terms atany time without notice and at its sole discretion.
Prohibited Activities and Uses
Use of the Program for any illegal purpose, or any other purpose notexpressly permitted in these Terms, is strictly prohibited. Abuse ofthe Program, including failure to comply with these Terms,the Conditionsof Use andthe PrivacyPolicy , may result in cancellation or termination of theMember's GameStop Account and/or Pro Membership and disqualificationfrom participation in the Program and forfeiture of all pointsaccumulated. In connection with the enforcement of any of theseTerms, GameStop reserves the right to take appropriate legal action,as it deems necessary, and to recover damages, attorneys' fees andcosts.
Without limitation, you will not:
post content that: (1) harasses, abuses, or threatens anyother person, or that contains obscene content; (2) isfalse, misleading, or inaccurate; (3) degrades ordiscriminates against others on the basis of gender, race,class, ethnicity, national origin, religion, sexualpreference, disability, or any other classification; (4) isindecent, offensive, harassing, violent, hateful,inflammatory, unlawful, harmful, tortious, defamatory,libelous, or invasive of another's privacy; (5) promotessexually explicit or p*rnographic material, violence, or anyillegal acts; (6) infringes the legal rights of any personor contains any material that could give rise to any civilor criminal liability under applicable laws or regulationsor that otherwise may be in conflict with these Terms; or(7) gives the impression that they emanate from or areendorsed by us or any other person or entity, if this is notthe case;
use the Program commercially;
use the Program for benchmarking, or to compile informationfor a product or service;
copy, download (other than through page caching necessaryfor personal use, or as otherwise expressly permitted bythese Terms), modify, distribute, post, transmit, display,perform, reproduce, broadcast, “mirror,” duplicate, publish,republish, upload, license, reverse engineer, createderivative works from, or offer for sale any content orother information contained on or obtained from or throughthe Program, by any means except as provided for in theseTerms, or with the prior written consent of GameStop;
scrape, access, monitor, index, frame, link, or copy anycontent or information that is found on or is part of theProgram by accessing the Program in an automated way, usingany robot, spider, scraper, web crawler, or any other methodof access other than manually accessing thepublicly-available portions of the Program through a browseror accessing the Program through any API provided orapproved by GameStop;
breach the restrictions in any robot exclusion headers ofthe Program, if any, or bypass or circumvent other measuresemployed to prevent or limit access to the Program;
post material that advocates illegal activity or discussesillegal activities with the intent to commit them;
post or otherwise make available any material that containsany software, device, instructions, computer code, files,programs and/or other content or feature that is designed tointerrupt, destroy, harm, or limit the functionality of anycomputer software or hardware or telecommunicationsequipment (including without limitation any time bomb,virus, malware, software lock, worm, self-destruction,drop-device, malicious logic, Trojan horse, trap door,"disabling," "lock out," "metering" device, or any maliciouscode);
post or do anything that could disable, overburden, orimpair the proper working of the Program;
post material that impedes or otherwise prohibitscommunication or disrupts Member discussion;
post, utilize, or otherwise make available any other party'sintellectual property unless you have the right to do so, orremove or alter any copyright, trademark, or otherproprietary notice contained on the Program;
post any trade secrets or other confidential information, orpost any material that you do not have a right to makeavailable under any law or under contractual or fiduciaryrelationships, including but not limited to insideinformation or proprietary and confidential informationlearned or disclosed as part of employment relationships orunder non-disclosure agreements;
falsely state or otherwise misrepresent your affiliationwith a person or entity, or impersonate any person or entityin a manner that does not constitute parody, including useof a false email address;
solicit Personal Information from other users includingwithout limitation address, credit card or financial accountinformation, or passwords;
send spam, commercial electronic messages or otheradvertisem*nts or solicitations, surveys, contents, pyramidschemes, promote commercial entities, or otherwise engage incommercial activity on or through the Program;
frame, inline link, or similarly display the Program or anyportion of the Program;
breach these Terms,the Conditionsof Use , orthe PrivacyPolicy , or any other guidelines or policies posted byGameStop;
facilitate violations of these Terms,the Conditionsof Use , orthe PrivacyPolicy , or
interfere with any other party’s use or enjoyment of theProgram.
GameStop Pro® Membership Auto-renew Program
Pro Members may opt to participate in the auto-renew program, whichallows the Member to automatically renew their Pro Membership eachyear using payment information GameStop has on file (“Auto-renewProgram”).
PARTICIPANTS IN THE AUTO-RENEW PROGRAM UNDERSTAND AND EXPRESSLYAGREE THAT, UNLESS THEY CANCEL, 1) THEIR MEMBERSHIP IN THE PROMEMBERSHIP PROGRAM WILL AUTOMATICALLY RENEW EACH YEAR, AND 2) THEYAUTHORIZE GAMESTOP (WITHOUT NOTICE, UNLESS REQUIRED BY LAW) TOCOLLECT AND CHARGE $25 (OR THE THEN-APPLICABLE MEMBERSHIP FEE) EACHYEAR ON OR ABOUT THE ANNUAL ANNIVERSARY OF THE DATE THEY ENROLLED INTHE AUTO-RENEW PROGRAM (“ANNIVERSARY”) USING ANY CARD OR OTHERPAYMENT METHOD THAT GAMESTOP HAS ON FILE FOR THEM. ALL PRICES AREPLUS APPLICABLE TAXES. GAMESTOP MAY, IN ITS SOLE DISCRETION, CHANGETHE ANNUAL MEMBERSHIP FEE. TO CANCEL, MEMBERS MUST VISITGAMESTOP.COM/ACCOUNT.EMAIL CARE@GAMESTOP.COM,OR CALL 1-800-883-8895 AT LEAST 5 DAYS BEFORE THEIR ANNIVERSARY. IFA MEMBER IS EMAILING THEIR CANCELLATION, THEY MUST PROVIDE THE NAMEAND EMAIL ADDRESS ASSOCIATED WITH THEIR MEMBERSHIP. CHANGES TO THEAUTO-RENEW PROGRAM WILL BE COMMUNICATED AS REQUIRED BY LAW.
Members in the Auto-renew Program are required to maintain accurateand up-to-date payment information to participate, which may beupdated by visiting gamestop.com/account,emailing CARE@GAMESTOP.COM (doNOT email us your payment information), or calling 1-800-883-8895.Should payment fail, your Membership will not renew, benefits willstop effective immediately, and points will expire. GameStop assumesno responsibility or liability if a Member’s participation in thePro Membership Program is suspended or otherwise expires because ofoutdated 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 orother civil unrest, government order or law, embargoes, sanctions,actions by any government authority, national or regionalemergencies, strikes, labor stoppages or slowdowns or otherindustrial disturbances, epidemic, pandemic, power failure and othersimilar events beyond GameStop’s control.
Cancellation will stop further charges and stop auto-renewal of thePro Membership; however, no prorated amounts shall be refunded tothe Member upon cancellation or termination of participation in theAuto-renew Program unless where required by law. If cancelled, aMember’s Pro Membership will be valid and continue through the endof 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 ProMembership, and may not be cancelled for a refund separate from theoriginal Membership except as permitted in these Terms. GameInformer Magazine will be distributed digitally in a number ofissues or publications to be determined at the discretion of thePublisher.
Pro Members who previously signed up for the Membership thatincluded a print subscription to Game Informer Magazine may continueto receive their print issues in the mail if their Membership isactive and in good standing and their personal information in theirGameStop Account is up-to-date. GameStop does not guarantee thedelivery of the Game Informer magazines.
For more information about Game Informer Magazine, pleasevisit https://www.gameinformer.com/help and GameInformer’s Terms and Conditions , contact Guest Careat 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 GameStopstore must present the reward certificate, along with valid proof ofidentification at the time of use. Reward certificates may be used inconjunction with most other discounts, but the total discounts may notexceed the purchase amount. Limit of three (3) of any coupon, discount,or other offer per person, per account, per day. Reward certificates ofthe same value are not stackable. Offers and reward certificates are notvalid on prior purchases, certain products and services, purchase ofgift cards, downloadable content ("DLC"), or for tax or state fees.Other restrictions may apply. Reward certificate and offer expirationdates are as listed on each certificate or offer, and rewardcertificates will not be replaced if lost or stolen. Only active ProMembers and GameStop Pro Credit Cardholders can redeem rewardcertificates.
GameStop may also change the available Member settings and pointredemption options, at any time and in its sole discretion, consistentwith applicable law.
GameStop’s Rewards Center
In addition to reward certificates, Members may redeem points for itemsin GameStop’s Rewards Center by visiting a GameStop store (subject toverification of Member and applicable GameStop Account; limit of three(3) redemptions per day) or onlineat GameStop'sRewards Center. The Rewards Center is subject to change at any timewithout notice in GameStop’s sole discretion. GameStop also reserves theright to make different offers to different Members at different pointsin time.
Members redeeming points for merchandise outside of GameStop stores willreceive an email confirmation including instructions for redemption.Partner coupons are provided by and are the responsibility of thepartner. GameStop assumes no responsibility for their continued validityor the continued operation of the partner.
Reservations
Members may make pre-order deposits (“Reservations”) toward the purchaseof certain items. To redeem a Reservation, you must pay the remainingbalance of product (plus any tax) at the store where the Reservation wasplaced when the product releases (“Release Date”).
Reservations are cancellable before or up to 30 days after Release Dateto receive your money (or original form of tender; e.g., a gift card orstore credit) back, apply the Reservation to a new reservation-eligibleproduct, or use the Reservation as store credit. Reservations notredeemed or cancelled within 30 days after Release Date areautomatically converted into non-expiring store credit redeemable onlyfor merchandise from GameStop. No cash redemption or refunds except asrequired 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 ofMarketing Control Services, Inc. Terms and conditions are subject tochange.
Privacy Policy
The information provided by or collected about You both online and/or ina GameStop retail store is subject to and will be handled according tothe GameStop Privacy Policy, available at and subject to periodic updateat 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, atany time without notice, even though changes may affect the value of thepoints already accumulated. These Terms replace all previously-publishedinformation regarding the Program, and Members have the responsibilityto check for any updates. If these Terms are updated, any changes willapply to all Members, including Members enrolled to the Program beforeGameStop posts or publishes the updated Terms except as may beprohibited by law.
Occasionally GameStop may test new offers, promotions, or programbenefits with certain Members based on factors within GameStop’s solediscretion except as may be prohibited by law.
Dispute Resolution
MANDATORY ARBITRATION AND CLASS ACTION WAIVER - PLEASE READ THIS SECTIONCAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU ANDGAMESTOP CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITHLIMITED EXCEPTION, REQUIRE YOU AND GAMESTOP TO SUBMIT CLAIMS AGAINSTEACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THISMEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, ORREPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY OR TOAPPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVEREDBY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCHDISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
INFORMAL RESOLUTION: You and GameStop will first attempt to resolve anyclaim informally. Accordingly, neither you nor GameStop may start aformal arbitration proceeding for at least 60 days after one partynotifies the other party of a claim in writing. As part of this informalresolution process, You must deliver Your written notices via hand orfirst-class mail to us at GameStop, Attn: Guest Care, 625 WestportParkway Grapevine, Texas 76051.
GOVERNING LAW: You and GameStop agree that these Terms and any Disputeyou may have with GameStop, will be governed by federal law and theFederal Arbitration Act as to arbitration issues and the law of theState of Texas for all other issues, without reference to the principlesof conflicts of laws thereof. You agree that the United NationsConvention on Contracts for the International Sale of Goods (1980) andUniform Computer Information Transactions Act (UCITA), as adopted by anystate, are specifically excluded from application to this Agreement.
WE BOTH AGREE TO ARBITRATE: You and GameStop agree to resolve anydispute between you and GameStop or its affiliates (“Dispute”) throughfinal and binding arbitration, with two exceptions. First to the extentyou have in any manner violated or threatened to violate ourintellectual property rights (for example, trademark, trade secret,copyright, or patent rights) or to the extent that you believe we haveviolated or threatened to violate your intellectual property rights.Under such circ*mstances we or you may bring a lawsuit solely forinjunctive relief to stop intellectual property infringement (forexample, trademark, trade secret, copyright, or patent rights) withoutfirst engaging in arbitration or the informal dispute-resolution processdescribed above. Second, you may bring any matter within thejurisdiction of a small claims court or similar court in which you seekless than $10,000 in a small claims court or similar court on anindividual basis without a class action and without any request forinjunctive relief.
WHAT IS ARBITRATION: You and GameStop mutually agree to forego the delayand expense of using a court of law and choose instead to benefit fromthe speedy, economical, and impartial dispute resolution procedure ofusing binding arbitration for Disputes that arise between You andGameStop, its related and affiliated companies, successors, and assigns;and/or any current or former employee, officer, or director of GameStopor any related or affiliated company. Arbitration is more informal thana lawsuit in court and seeks to resolve disputes more quickly. Insteadof a judge or a jury, the case will be decided by a neutral arbitratorwho 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 remainingarbitration terms shall be enforced. You and GameStop agree that thisDispute Resolution Section is governed by the Federal Arbitration Act, 9U.S.C. § 1 et seq., and will survive even if these Terms and Conditionsterminate. Any revision to or termination of the Terms & Conditionsthat modify or terminate this Dispute Resolution Section shall not applyto a pending arbitration, to any claim that accrued prior to themodification or termination, or to any claim that the asserting partyknew about prior to the modification or termination, except as may berequired by applicable law.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL ANDSTATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE ORA JURY, instead electing that all claims and disputes shall be resolvedby arbitration. Arbitration procedures are typically more limited, moreefficient and less costly than rules applicable in court and are subjectto very limited review by a court. In the event any litigation shouldarise between You and us in any state or federal court in a suit tovacate or enforce an arbitration award or otherwise, YOU AND GAMESTOPWAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute beresolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOUMAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TOARBITRATE.
NO CLASS ACTIONS: Except as otherwise required under applicable law, Youand GameStop agree to arbitrate any Dispute only on an individual basisand hereby waive any right to bring, participate in, or receive money orany other relief from any representative, class, consolidated, orcollective proceeding (“Class Action Waiver”). No party may bring aclaim on behalf of other individuals, and no arbitrator hearing anyclaim under these Terms and Conditions may: (a) without the consent ofall parties, combine more than one individual’s claim or claims into asingle case; (b) order, require, participate in, or facilitateproduction of class-wide contact information or notification of othersof 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 toarbitrate by commencing an action asserting a Dispute in a court of law,then the court (and not an arbitrator) shall have the authority toresolve 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 forarbitration without filing a complaint in a court of law, then thearbitrator shall have the authority to resolve any disputes about theinterpretation of this Dispute Resolution Section for purposes ofdiscovery or the merits of the underlying claim, but shall have noauthority 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 initiatearbitration, the party desiring to pursue a legal dispute must prepare awritten demand setting forth the claim(s) and deliver the written demandwithin the applicable statute of limitations period by hand orfirst-class mail to JAMS Mediation, Arbitration and ADR Services(“JAMS”) and us at GameStop, Attn: General Counsel, 625 Westport ParkwayGrapevine, Texas 76051. You and GameStop agree that the arbitrationshall be administered by JAMS before a single arbitrator mutually agreedupon by the parties. Except to the extent that they are modified by therules below, if You are an individual person, the JAMS StreamlinedArbitration Rules & Procedures that are in effect at the time of thefiling of the demand (and that are available athttps://www.jamsadr.com/rules-streamlined-arbitration/) will apply.
The parties agree that the applicable JAMS rules are modified asfollows:
(a) Any arbitrator must be neutral as to all parties. Standards for therecusal of an arbitrator shall be the same standards under which trialjudges are recused under Texas law. Unless you prefer otherwise andGameStop agrees, the arbitration shall be conducted in the county inwhich you reside. Or if that is not practicable, in an adjacent countyas determined by JAMS.
(b) No party is entitled to its attorneys’ fees, except as may beawarded in a matter authorized by and consistent with applicable law.
(c) All discovery shall be subject to any and all objections availableunder FRCP 26(b). Each party shall avoid broad or widespread collection,search, and production of documents, including electronically storedinformation. If a compelling need is demonstrated by the requestingparty, the production shall: (i) be narrowly tailored in scope; (ii)only come from sources that are reasonably accessible without undueburden or cost; and (iii) be produced in a searchable format, ifpossible without undue burden or cost, and which is usable by thereceiving party and convenient and economical for the producing party.Where the costs and burdens of the requested discovery outweigh itslikely benefit, considering the needs of the case, the amount incontroversy, and the importance of the discovery in resolving theissues, the arbitrator shall deny such requests or order production oncondition that the requesting party advance to the producing party thereasonable costs involved in making the production, subject to theallocation of costs in the final award.
(d) The arbitrator shall have the authority to award the same damagesand other relief that would have been available in court pursuant to thelaw governing the Dispute(s).
(e) Either party shall have the right to file motions to dismiss andmotions for summary judgment/adjudication.
(f) The arbitrator shall have the authority to issue an award or partialaward without conducting a hearing on the grounds that there is no claimon which relief can be granted or that there is no genuine issue ofmaterial fact to resolve at a hearing.
(g) The Federal Rules of Evidence shall apply to all arbitrationproceedings.
(h) The arbitrator must issue a decision in writing, setting forth insummary form the reasons for the arbitrator’s determination and thelegal basis therefor.
(i) The arbitrator’s authority shall be limited to deciding the casesubmitted by the parties to the arbitration. Therefore, no decision byany arbitrator shall serve as precedent in other arbitrations except topreclude the same claim from being re-arbitrated between the sameparties.
(j) The parties may settle any dispute on a mutual basis withoutinvolvement of the arbitrator.
(k) If You initiate arbitration, You will pay the first $250, andGameStop will pay all other filing, administrative, or hearing fees. IfYou 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 remainresponsible for Your attorneys’ fees and costs unless the law governingthe Dispute(s) provides for an award of attorneys’ fees and costs andthe arbitrator determines as part of the arbitration award that You mayrecover a certain amount of attorneys’ fees and costs.
If any term or condition in this Dispute Resolution Section isdetermined to be unenforceable or in conflict with a mandatory provisionof applicable law, it shall be construed to incorporate any mandatoryprovision, or the unenforceable or conflicting term or condition shallbe automatically severed and the remainder of this Dispute ResolutionSection shall not be affected. Provided, however, that if the ClassAction waiver is found to be unenforceable, then any claim brought on aclass, collective, or representative action basis shall be adjudicatedexclusively in the state and federal courts located in the County ofTarrant, Texas, which shall be the exclusive forum for such claims. Youwaive any and all objections to the exercise of jurisdiction over You bysuch 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 suchas 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 byother users.
Our License to Member Content. When you Post Member Content on orthrough the Program, you grant GameStop a worldwide, perpetual,irrevocable, royalty-free, non-exclusive, and sub-licensable license touse, 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 suchMember Content, in whole or in part, in any format or medium now knownor developed in the future, including without limitation for promotingand redistributing part or all of the Program (and derivative worksthereof) in any media formats and through any media channels.Additionally, you grant GameStop the right to use the name you submit inconnection with such Member Content. Our use of your information shallbe governed bythe PrivacyPolicy .
GameStop does not provide any compensation, in either cash or product,for Member Content submitted to GameStop, including without limitationany potential product or software ideas or applications. If you stillsubmit such information to us, you agree that such information shall bedeemed to be non-confidential and nonproprietary, and GameStop shallhave no obligation of any kind with respect to such information andshall be free to reproduce, use, disclose, and distribute theinformation on an unrestricted basis for any purpose whatsoever, unlessexpressly agreed otherwise in writing by GameStop. Further, GameStopshall be free to use any ideas, concepts, know-how, or techniquescontained in such information for any purpose whatsoever, including butnot limited to developing, manufacturing, and marketing productsincorporating such information.
Member Content Representations. You acknowledge and agree that allMember Content that you Post is your sole responsibility. You representthat you have all required rights to Post or transmit such MemberContent without violation of any third-party rights. You understand thatGameStop does not control, and is not responsible for, Member Content,and that by using the Program, you may be exposed to Member Content fromother users that is offensive, indecent, inaccurate, misleading, orotherwise objectionable. Please also note that Member Content maycontain typographical errors, other inadvertent errors, or inaccuracies.You agree that you will indemnify, defend, and hold harmless GameStopfor all claims resulting from Member Content you Post. We reserve theright, at our own expense, to assume the exclusive defense and controlof such disputes, and in any event, you will cooperate with us inasserting any available defenses.
Member Content Review. You acknowledge and agree that GameStop and itsdesignees may or may not, at GameStop's discretion, pre-screen MemberContent before its appearance on the Program (but does not assume anyobligation to). You further acknowledge and agree that GameStop reservesthe right (but does not assume the obligation) in its sole discretion toreject, move, edit, or remove any Member Content that is contributed tothe Program. Additionally, GameStop has the right to remove any MemberContent that violates these Terms or is otherwise objectionable inGameStop's sole discretion. You acknowledge and agree that GameStop doesnot verify, adopt, ratify, or sanction Member Content, and you agreethat you must evaluate and bear all risks associated with your use ofMember Content or your reliance on the accuracy, completeness, orusefulness 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, videoclips, artwork and other graphic materials, and names, logos,trademarks, and services marks) that are derived in whole or in partfrom materials supplied by GameStop and its partners, as well as certainthird parties, and are protected by copyright laws, international treatyprovisions, trademarks, service marks, and other intellectual propertylaws.
You agree to abide by all applicable copyright and other laws. Youacknowledge that the Program has been developed, compiled, prepared,revised, selected, and arranged by GameStop and others through theapplication of methods and standards of judgment developed and appliedthrough the expenditure of substantial time, effort, and money andconstitute valuable intellectual property of GameStop and such others.
You agree to protect the proprietary rights of GameStop and all othershaving rights in the Program during and after the term of these Termsand to comply with all reasonable written requests made by GameStop orits suppliers and licensors (collectively, “Suppliers”) regardingcontent or otherwise to protect their and others’ contractual,statutory, and common law rights in the Program. You agree to notifyGameStop immediately upon becoming aware of any claim that the Programinfringes 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 proprietaryrights of any type under the laws of any governmental authority,domestic or foreign, including without limitation rights in and to allapplications and registrations relating to the Program, shall, asbetween you and GameStop, at all times be and remain the sole andexclusive property of GameStop. Any unauthorized use of any materialcontained 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, postor make available for inclusion on or through the Program, if requiredto do so by law or in a good faith belief that such access,preservation, or disclosure is permitted by law or byGameStop’s PrivacyPolicy or reasonably necessary or appropriate for any of thefollowing reasons: (1) to comply with legal process; (2) to enforcethese Terms, our Privacy Policy, or other contracts with you, includinginvestigation of potential violations thereof; (3) to respond to claimsthat any content violates the rights of third parties; (4) to respond toyour 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 operationsof your GameStop Account. This includes exchanging information withother companies and organizations for fraud protection, spam/malwareprevention, 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 ANYKIND, EITHER EXPRESSED, LEGAL, OR IMPLIED, INCLUDING BUT NOT LIMITED TOANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OFQUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ORNON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED. SPECIFICALLY, BUT WITHOUTLIMITATION, GAMESTOP DOES NOT WARRANT THAT: (i) THE INFORMATIONAVAILABLE ON OR THROUGH THE PROGRAM IS FREE OF ERRORS; (ii) THEFUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THEDOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, ORFREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE PROGRAM ORTHE SERVER(S) THAT MAKE THE PROGRAM AVAILABLE ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS OR THAT THE PROGRAM CANNOT BE SUBJECT TOUNAUTHORIZED ACCESS TO CONTENT OR DATA. TO THE FULLEST EXTENT PERMITTEDBY 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 ORENTITY 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 OFOBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTIONWITH THE PROGRAM, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONSAPPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE PROGRAM, WHETHEROR NOT GAMESTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANDWHETHER 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 PAIDFOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIMDOES NOT RELATE TO A PRODUCT OR SERVICE, $100.
GAMESTOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITYFOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE PROGRAM OR ANY WEBSITE FEATURED OR LINKED TO OR THROUGH THEPROGRAM, AND GAMESTOP WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. GAMESTOP WILL NOT BE LIABLE FOR THEOFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUMETHE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONSWILL APPLY EVEN IF THE PROGRAM FAILS OF ITS ESSENTIAL PURPOSE AND TO THEFULLEST 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 whichthe creditor or releasing party does not know or suspect to exist in hisor her favor at the time of executing the release and that, if known byhim or her, would have materially affected his or her settlement withthe debtor or released party." This release includes the criminal actsof 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 ANDASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM ORDEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LAWYERS' FEES ANDDISBURsem*nTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUTOF YOUR USE OF THE PROGRAM, YOUR CONNECTION TO THE PROGRAM, YOURVIOLATION OF THE TERMS ORGAMESTOP’S PRIVACYPOLICY . YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION,POSTING, OR TRANSMISSION OF USER CONTENT TO THE PROGRAM, AND/OR YOURVIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWNEXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES,AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLEDEFENSES.
Third-Party Links and Services
The Program may provide (1) information and content provided by thirdparties; and (2) links to third-party websites or resources. GameStop isnot responsible for the availability of such external sites orresources, and does not endorse and is not responsible or liable for (i)any content, advertising, products, or other materials on or availablefrom such sites or resources, (ii) any errors or omissions in thesewebsites or resources, or (iii) any information handling practices orother business practices of the operators of such sites or resources.You further acknowledge and agree that GameStop is not responsible orliable for any actual or alleged harm to be caused by or in connectionwith your use of or reliance on any linked sites or resources. Yourinteractions with such third parties will be governed by the thirdparties’ own terms of service and privacy policies, and any othersimilar terms.
GameStop Pro Credit Card (formerly known as the PowerUp Rewards CreditCard)
GameStop Pro Credit Card. The GameStop Pro Credit Card is a third-partyproduct that is issued, operated, and administered by Comenity CapitalBank. For GameStop Pro Credit Cardholder terms of use, please visithttps://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 anduse the email address associated with that GameStop account to apply forthe GameStop Pro Credit Card will receive a single, 12-month membershipto the Program for free. This offer is valid one time only and nosubstitutions or duplicate offers will be accepted. If you are notalready a Pro Member, upon applying for the GameStop Pro Credit Card,you will be automatically enrolled in the Program within 48 hours ofyour application being approved. If you are already a Pro Member, yourPro Membership will be extended 12 months. You will need to make yourfirst purchase on the GameStop Pro Credit Card within 90 days of accountopening. Failure to make a purchase on the GameStop Pro Credit Card willresult in this benefit being reversed.
Other Terms and Conditions
Contests and Sweepstakes. From time to time, Members may be eligible forsweepstakes, contests or other similar promotions. Participation in suchevents shall be subject to the terms, conditions, and rules published atthe time of such event and applicable state laws.
Force Majeure. Under no circ*mstances shall GameStop be held liable forany delay or failure in performance resulting directly or indirectlyfrom an event beyond its reasonable control.
No Waiver. If we fail to insist that you perform any obligations underthese Terms, or if we do not enforce our rights against you, or if wedelay in doing so, that will not mean that we have waived such rightsand 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 writingand that will not mean that we automatically waive any future failure ofbreach by you.
Severability. Each of the provisions of these Terms operates separately.If any court or relevant authority decides that any of them are unlawfulor unenforceable, the remaining provisions will remain in full force andeffect.
Third-Party Beneficiaries. You agree that, except as otherwise expresslyprovided in these Terms, there shall be no third-party beneficiaries tothese Terms.
Miscellaneous. These Terms (and all terms and conditions incorporatedherein) constitute the entire agreement between you and GameStop, andsupersede any prior agreements between you and GameStop on the subjectmatter, except as expressly provided herein. These Terms, and any rightsgranted hereunder, may not be assigned or delegated by you. These Terms,and any rights granted hereunder, may be assigned or delegated byGameStop without restriction. These Terms bind and inure to the benefitof each party and the party’s successors and permitted assigns. TheseTerms may not be modified by an oral statement by a GameStoprepresentative. No agency, partnership, joint venture, oremployee-employer relationship is intended or created by these Terms.You agree that any agreements made by and between you and us inelectronic form are as legally binding as if made in physical writtenform. If you are using the Program for or on behalf of the U.S.government, your license rights do not exceed those granted tonon-government consumers. The section titles in these Terms are forconvenience only and have no legal or contractual effect. Any provisionof these Terms that by its nature is reasonably intended to survivebeyond termination of these Terms shall survive.
Notices. We may deliver notice to you by email, posting a notice on theProgram website or any other method we choose, and such notice will beeffective on dispatch. If you give notice to us, it will be effectivewhen received by mail at GameStop, Attn: Guest Care, 625 WestportParkway Grapevine, Texas 76051.
Contact Us
You may contact us regarding these Terms or related issues by contactingGuest Care via mail at GameStop, Attn: Guest Care, 625 Westport Parkway,Grapevine, TX 76051, email at care@gamestop.com, or toll-free phone at800-883-8895.
