GameStop Card Grading Service Terms & Conditions

By using GameStop’s grading services, you agree to the following terms and conditions:

Effective Date: June 1, 2026

GameStop, Inc. ("GameStop" or "we" or "us" or "our") collaborates with Professional Sports Authenticator ("PSA"), the world's largest and most trusted trading card and autograph authentication and grading service provider. As an authorized PSA dealer, GameStop submits trading cards to be authenticated and graded by PSA through participating GameStop stores throughout the United States. PSA provides the authentication and grading services (the "PSA Services"). GameStop facilitates the PSA Services by providing submission, packaging, shipping and return services (the "Services"). You ("you" "your" or "Customer") can visit http://www.gamestop.com/card-grading-service for a store locator and a summary of the GameStop-PSA submission process and visit PSAcard.com to learn more about PSA's authentication and grading services.

The Services are governed by these GameStop Card Grading Service Terms & Conditions (the "Terms"), the GameStop Privacy Policy, which can be found at https://www.gamestop.com/PrivacyPolicy.html ("Privacy Policy"). The PSA Services are governed by the Grading Terms and Conditions, which can be found at https://www.psacard.com/termsandconditions ("PSA Terms", and together with the Terms, the "Grading Terms"). The Privacy Policy and PSA Terms are incorporated herein.

Please read these Terms carefully because they govern your participation and use of the Services. You acknowledge and agree that by purchasing or using the Services, you have read, understand, and agree (a) to be bound by these Terms (including the PSA Terms); (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, the Terms, or any subsequent modification thereto, then you should not use, purchase, or otherwise request to use or purchase the Services. If you object to any of these terms, or any subsequent modification thereto, or become dissatisfied with the Services, your sole remedy is to discontinue use of the Services and request return of your item(s), as applicable, in the manner provided in these Terms.

We may revise these Terms or the Privacy Policy to reflect changes to the Services, our users' needs, our business priorities, or changes in the laws and regulations. PSA may revise the PSA Terms for similar reasons. 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 using the Services.

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.

YOUR ACCOUNT

To access the Services, you must create a GameStop account (the "Account"). You may only have one (1) GameStop Account at any time. Creation of multiple Accounts can result in termination of all your Accounts. Customers are responsible for maintaining accurate and updated personal information in their Account.

Customers can change their profile preferences and contact information at any time by visiting www.gamestop.com/account. Account and Services information may also be obtained by contacting GameStop Guest Care as described in the Contact Us section below.

SERVICE LEVELS

Neither GameStop nor PSA guarantee turnaround times. Any time frame proposed for the Services on a submitted item, including any estimated turnaround time is an estimate only and is not guaranteed.

ELIGIBLE ITEMS

GameStop reserves the right to reject any submission for any reason, including trading cards that appear altered or tampered with or that exceed our Maximum Insured Value (as defined below).

RETURN AND INSPECTION OF SUBMITTED ITEMS

You agree to promptly report to GameStop any issues with (a) your submitted items upon return and (b) any anticipated items or packages not received. You agree to waive all claims against GameStop arising from any issue that is not timely reported as described below. In each case, GameStop's determination as to whether there exists any damage, discrepancy, or error shall be final and binding.

Upon receipt of your return shipment(s), you must promptly and carefully inspect all submitted items, certification labels, associated certificates or letters of authentication, and other applicable submission-related documents, and report any damage, discrepancy, or errors to GameStop in writing within five (5) calendar days of receipt. Your duty to inspect and report extends to documents and images which we deliver to you electronically.

LOST, STOLEN, OR DAMAGED ITEMS

Maximum Insured Value. The current maximum insured value for any trading card submitted through GameStop is $500 (FIVE HUNDRED DOLLARS) per card for submissions created prior to June 1, 2026, and $1,500.00 (ONE THOUSAND FIVE HUNDRED DOLLARS) per card for submission created on or after June 1, 2026.

Compensation. GameStop will exercise reasonable and ordinary care in handling items submitted for the card grading Services. However, if GameStop determines, in its sole discretion, that your item(s) submitted for grading Services was lost, stolen, or damaged while in the possession or control of GameStop (a "Loss Event"), and the item(s) are not Doctored or Damaged Cards (as defined below), then GameStop will compensate you as provided in this Section based upon the degree of damage or loss, up to the maximum insured value (as defined above) at the time of loss as determined by GameStop standard procedures. Regardless of the fair market value of your item, the actual compensation you are eligible to receive from GameStop will not exceed the Maximum Insured Value ("Loss Event Compensation"). IN NO EVENT SHALL GAMESTOP'S TOTAL LIABILITY, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF GAMESTOP OR OTHERWISE, EXCEED THE LESSER OF THE MAXIMUM INSURED VALUE OR THE DECLARED VALUE OF THE ITEM. GAMESTOP RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DETERMINE THE FAIR MARKET VALUE FOR AN ITEM THROUGH ANY MEANS AS IT MAY DETERMINE. GameStop may elect, depending on the condition of a damaged item, to either (a) return the item to you and compensate you for the reduction in value due to damage, or (b) retain the item and pay the maximum liability available under this Section.

GameStop will have no liability whatsoever to you for any loss or damage of any item occurring while the item is not in the custody or control of GameStop, including, without limitation, after the item is transferred to the custody or control of PSA. If GameStop determines that damage to an item occurred while the item was in the possession of a third party, GameStop shall have the right, in its sole discretion, to negotiate and agree to terms of resolution with such third party on behalf of the Customer. Any resolution shall be based on the fair market value of the item at the time of the damage. Company's agreement to such resolution shall fully satisfy any claims related to the damage, and Customer agrees to accept such resolution as final.

GameStop will not be liable or responsible for any consequential, incidental, special, or indirect damages, including, without limitation, for any intrinsic or sentimental value of an item.

If a Loss Event occurs, GameStop may contact you to offer compensation in accordance with these terms. If you fail to accept the compensation within thirty (30) days from the date of such notice and there is no good faith dispute regarding the Loss Event, GameStop may, in its sole discretion, satisfy its obligations by crediting your GameStop account with a GameStop digital gift card in an amount equal to the lesser of (i) the item's fair market value as determined by GameStop, or (ii) the maximum insured value. Such payment shall constitute full and final satisfaction of GameStop's liability for the Loss Event.

Grading Service Costs. You agree upon submission of an item to pay all fees, charges, and taxes due and payable ("Grading Service Costs") for the requested Services. All amounts due must be paid upon submission of requested services. Regardless of outcome, all amounts due and/or paid are non-cancellable and non-refundable. All grading service costs are applicable regardless of outcome. In the event an item you submitted is rejected for any reason, GameStop has no obligation to cancel any amounts payable at submission (or refund any amounts paid), as the determination to reject an item requires a review graders and authenticators and use of their professional opinion.

If a Customer is entitled to Loss Event Compensation, then GameStop will also refund Customer for the Grading Service Costs for the Loss Event item(s). If a Loss Event occurs where the items are determined to be Doctored or Damaged Cards (as defined below), the Customer is not entitled to any compensation or refund.

Doctored or Damaged Cards. You represent and warrant that any item submitted for grading Services is genuine and you have no knowledge and no reasonable basis to believe that the item is a counterfeit or "Doctored" item. You affirm your obligations with respect to counterfeit or Doctored items set forth in these Terms. For the purposes of these Terms, "Doctor," "Doctored" or "Doctoring" means the alteration of the appearance of an item to increase its grade and/or value by things such as, but not limited to, trimming, re-coloring, bleaching, power erasing, cleaning, waxing, re-backing or any other similar impairments or evidence of restoration used to enhance the appearance, condition or content of an item.

"Damaged Cards" is any item that is critically damaged (i.e., excessive physical or environmental damage) and/or is too fragile for handling. GameStop reserves the right to reject any item it determines to be a Damaged Card.

You acknowledge that GameStop will reject any items that we have reason to believe are of questionable authenticity, or that bear evidence of Doctoring. You agree that you will not Doctor items or participate in any way in Doctoring items or use the Services to submit items which you know or have reason to believe have been Doctored in any way.

You authorize GameStop to disclose your identifying information, records of your activities, and other personal information ("Customer Information") to PSA if we reasonably believe, in our sole discretion, that such disclosure may prevent or mitigate criminal activity or fraud. You further acknowledge and agree that GameStop may disclose your Customer Information to third parties in order to conduct or aid the investigation of suspected criminal activity or fraud. Examples of fraud include, but are not limited to, engaging in or supporting counterfeiting, tampering, sheet cutting, Doctoring and mislabeling.

GameStop may refuse to accept any items that it determines to be a Damaged Card; however, we may, in our sole discretion, accept a Damaged Card if you release GameStop of all liability regarding the Damaged Card(s), in connection to the Services. GameStop does not guarantee and disclaims all liability for a Loss Event involving any Doctored or Damaged Card.

ABANDONED GOODS

Abandoned Goods Event. For purposes of these Terms, items shall be considered abandoned if (i) delivery is not accepted by the Customer (or their nominated party) at the agreed time and place, or (ii) the Customer fails to take possession of any item within thirty (30) days from the date GameStop notified Customer that their item is ready for collection ("Notice Period"). Notification will be deemed effective when sent to the email address provided by the Customer at the time of the transaction or the email address associated with the Customer's GameStop account.

Transfer of Ownership. Upon expiration of the Notice Period, and without further notice, all right, title, and interest in the Abandoned Goods shall automatically transfer to GameStop. Customer hereby irrevocably waives any claims of ownership, right to possession, or compensation related to such items.

Storage and Risk of Loss. GameStop may, but is not required to, store Abandoned Goods after the Notice Period. Any such storage shall be at the Customer's sole risk and expense. GameStop shall not be liable for any damage to or deterioration of the Abandoned Goods during the storage period, whether direct or indirect.

Resale. Customer acknowledges and agrees that GameStop may resell Abandoned Goods in its own name and for its own account, without obligation to remit proceeds or notify Customer.

DISCLAIMER OF WARRANTIES

WITHOUT LIMITING THESE TERMS, WITH RESPECT TO THE SERVICES, THE REMEDIES SET FORTH IN THESE TERMS ARE IN LIEU OF ALL WARRANTIES, REPRESENTATIONS CONDITION, OR GUARANTEE OF ANY KIND EITHER EXPRESS, 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 HEREBY DISCLAIMED AND EXCLUDED.

Personnel and employees of GameStop are not authorized to make any statement, representations, or warranties contrary to these Terms (and other terms referenced herein, as applicable) and any additional statement, including without limitation, statements made by any GameStop personnel or employees or those made in any advertising or presentation materials (oral or written) do not constitute representations and warranties by GameStop and should not be relied upon as such.

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.

LIMITATION OF LIABILITY

GameStop shall have no liability whatsoever to you, or any third party for whom you may be acting, (a) for any personal injury or (b) any damage to any item, or otherwise, resulting from the breaking open of a PSA holder, or for any damage to any item that occurred while the item was not in the custody or control of GameStop, including, but not limited to, loss or damage to items while being shipped to PSA, or while being shipped by GameStop to you under your own personal shipping courier account and insurance.

Notwithstanding anything to the contrary contained herein, except as otherwise set forth in these Terms, if GameStop determines that your item was lost or damaged while in GameStop's possession, WITHOUT LIMITING THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY THAT GAMESTOP SHALL HAVE TO YOU, OR ANY THIRD PARTY FOR WHOM YOU MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF GAMESTOP OR OTHERWISE, SHALL IN NO EVENT EXCEED THE FEES AND CHARGES ACTUALLY PAID BY YOU FOR THE APPLICABLE SERVICES RENDERED BY GAMESTOP WITH RESPECT TO THE ITEMS SUBMITTED FOR THE SERVICES HEREUNDER OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR THE SERVICE, $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL GAMESTOP OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING) BE LIABLE TO YOU OR ANY OTHER PARTY, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF MONEY, GOODWILL OR REPUTATION, COSTS OF DELAY OR LOST PROFITS, BUSINESS INTERRUPTION DAMAGE, OTHER INTANGIBLE LOSSES OR ANY INTRINSIC OR SENTIMENTAL VALUE OF AN ITEM, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, DEATH, REAL OR PROPERTY DAMAGE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

DATA & IMAGE USAGE

In the ordinary course of its operations, GameStop (a) compiles data regarding each item submitted for the Services, including, but not limited to, data relating to the identity, production, condition and grade of the item (the "Data"); (b) may take, have taken, or otherwise collect one or more digital or other types of photographs, images, videos or reproductions of each such item (collectively, the "Images"); and/or (c) may provide you access to notes that describe the grade or condition of such item(s), which may include, without limitation, text and modified versions of the Images (collectively, the "Graders Notes" and together with the Data and Images, the "Grading Content"). Unless otherwise specified herein, in consideration for the Services being provided, you, on your own behalf and that of any third party for whom you may be acting, hereby authorize GameStop (a) to compile and maintain such Data with respect to each item submitted hereunder for the Services; and (b) to take, cause to be taken, or otherwise collect one or more Images of each such item. You furthermore agree that GameStop will own all Grading Content and that GameStop may use and exploit such Grading Content for commercial and any other purposes, as GameStop in its sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Grading Content. Without limiting the generality of the foregoing, you, on your own behalf and that of any third party for whom you may be acting with respect to these Terms, unconditionally and irrevocably transfer, convey and assign to GameStop any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright, patent, trade secret and trademark) that you or any such third party may have in or to the Grading Content (on whatever media or in whatever form such Images may be reproduced or published).

PROHIBITED ACTIVITIES & USES

Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Abuse of the Services, including failure to comply with these Terms (and any terms referenced herein, as applicable), may result in cancellation or termination of your GameStop account (if applicable). In connection with the enforcement of these Terms (and other terms referenced herein, as applicable), 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 reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the Services, Grading Content, our customers, our brand, or any other person or entity, or that violates these Terms (and any other terms referenced herein, as applicable) and/or applicable law. We shall be the sole arbiter in cases of suspected abuse, fraud, or violations, and any decision we make relating to the termination or disabling of any account or access to and use of the Services, or any other GameStop services or products, shall be final and binding.

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://gamestop.com/PrivacyPolicy.html.

CHANGES TO THE SERVICE & THE TERMS

Subject to the provisions in the Dispute Resolution provisions below, GameStop may change the Services and/or Terms, in whole or in part, at any time without notice.

Newly published Terms replace all previously published information regarding the Services, and Customers have the responsibility to check for any updates. If these Terms are updated, any changes will apply to all Customers, including Customers using the Services 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 Customers based on factors within our sole discretion except as may be prohibited by law.

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 SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF GAMESTOP'S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF [GRADING] CONTENT, YOUR ACCESS TO OR USE OF ANY GAMESTOP SERVICE, YOUR NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT YOUR 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 & SERVICES

The Services 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.

GOVERNING LAW & DISPUTE RESOLUTION

Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that the Services are delivered and these Terms are accepted in the State of Texas and it is the intention of the parties that it be governed by and construed in accordance with the substantive laws of that State, without regard to conflicts of laws principles. THE DISPUTE RESOLUTION AND ARBITRATION SET FORTH BELOW IN THE DISPUTE RESOLUTION SECTION SETS FORTH THE TERMS AND CONDITIONS OF THE DISPUTE RESOLUTION PROCESS AND ARBITRATION AGREEMENT FOR ANY AND ALL DISPUTES, CLAIMS, AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND THE CARD GRADING SERVICES.

FORCE MAJEURE

GameStop shall not be considered liable or responsible to you or deemed to have defaulted or breached these Terms and we shall be entitled to an extension of the date of any performance required under these Terms if the failure of GameStop to perform was because of a Force Majeure Event. "Force Majeure Event" shall be an act of God, riot, war, civil unrest, hostile fire, flood, earthquake, interruption of services (including without limitation transportation and utility services) or other cause beyond our reasonable control and anticipation (including without limitation, any mechanical, electronic, or communications failure), or any inability due to the aforementioned causes to obtain necessary labor, materials, facilities or products.

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.

  1. 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 [email protected], 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 Services; 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.

  2. 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.

    1. 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 use of the Services 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 Services 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.

    2. 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.

    3. NO CLASS ACTIONS; CONSOLIDATION PERMITTED.

      YOU AND GAMESTOP ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM 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.

    4. 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.

    5. ARBITRATION PROCEDURES, RULES, AND COSTS.
      1. THE PROVIDER AND FEES.

        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.

        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.

        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 [email protected], or by hand or first-class mail to GameStop, Attn: General Counsel, 625 Westport Parkway Grapevine, Texas 76051.

      4. DISPOSITIVE MOTIONS AND DISCOVERY.

        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.

        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:

        1. 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;
        2. to designate one arbitrator for each batch;
        3. 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;
        4. 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;
        5. 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
        6. 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.

        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.

        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.

  3. EXCEPTIONS TO ARBITRATION.

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

    1. 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.

    2. 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.

    3. 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.

  4. 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: [email protected]. The notice must be sent within 30 days of January 28, 2025, or the date you first used the Services, 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").

  5. 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 use of the Services (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 use of the Services 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.

  6. CHOICE OF LAW, VENUE, AND JURISDICTION/SERVICE OF PROCESS.
    1. 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.

    2. 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.

  7. 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.

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

If any term or provision of these Terms is determined, by a final and non-appealable ruling or order of a court of competent jurisdiction, to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any of the other terms or provisions of these Terms.

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, as applicable) constitute the entire agreement between you and GameStop (and any third party for whom you may be acting) regarding the Services herein and supersede any prior agreements and understandings (written or oral) between or among such parties relating thereto, except as expressly provided herein. These Terms, and any rights granted hereunder, may be assigned or delegated by GameStop without restriction. Your rights and obligations under these Terms may not be assigned or transferred without the prior written consent of GameStop. 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 Services 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 gamestop.com 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 [email protected] or toll-free phone at 800-883-8895.