Game Mart User Agreement

Last updated: January 8, 2025

1. Introduction

1.1 - Game Mart is a marketplace that allows users to offer, sell and buy products. As a marketplace, Game Mart does not own or sell the items listed on this site. The actual contract for sale is directly between Buyers and Sellers. While Game Mart may help to facilitate the resolution of disputes between Buyers and Sellers, Game Mart has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of Users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

1.2 - This User Agreement ("Agreement"), the Game Mart Privacy Policy (which is available at www.gamemart.my/policy), and all policies posted on our sites set out the terms and conditions on which Game Mart offers you access to and use of our sites, services, applications and tools (collectively "Services"). This Agreement is entered into between you as the user of our Services ("User") and Game Mart.com ("Game Mart" or the "Site"). All policies and the Game Mart Privacy Policy are incorporated into this User Agreement. You agree to comply with all of the above when accessing and using our Services.

1.3 - Please be advised that this User Agreement contains provisions that govern how claims you and Game Mart have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will require you to submit claims you have against Game Mart to binding and final arbitration.

1.4 - Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are a resident or from which you use the Site. Before you continue, you should print off or save a local copy of this Agreement for your records.

1.5 - Amendments. Game Mart may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall be effective immediately upon posting. Posting by Game Mart of the amended and restated Agreement or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms. This Agreement and Site policies may not otherwise be modified, except in writing by an authorized officer of Game Mart.

2. Definitions

2.1 - Personal Data. Any information relating to an identified or identifiable individual.

2.2 Game Mart Content. Information, text, images, video clips, directories, files, databases or offers available on or through the Site are hereinafter referred to as "Game Mart Content."

2.3 - Registered User. Each User who has filled out a registration form on the Site by giving User information (such as name, address, telephone number, fax number, email address, etc.) is a registered user ("Registered User") of Game Mart. Game Mart will establish an account ("Account") for each Registered User on the Site and each Registered User will be assigned a user alias ("User Name") and password ("Password") for log¬in access to its Account on the Site.

2.4 - Third-Party Content. Some of the Game Mart Content displayed on the Site is provided or posted by third parties, hereinafter referred to as "Third Party Content.

2.5 - Third-Party Rights. Third party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights.

2.6 - Transaction Risks. The risks assumed by Users when using the Site or conducting transactions are deemed "Transaction Risks." Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to:

a. Misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract.

b. Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants

c. Risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.

2.7 - User. For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Game Mart as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

3. Use of Game Mart

3.1 - General. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any Game Mart Content for the purpose of re–selling or re–distributing Game Mart’ Content, mass mailing (via emails, wireless text messages, physical mail, or otherwise), operating a business that competes with Game Mart, or otherwise commercially exploiting Game Mart Content. Systematic retrieval of Game Mart Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Game Mart is prohibited. In addition, use of Game Mart Content for any purpose not expressly permitted in this Agreement is prohibited.

3.2- Messages or information sent by a User through communication systems provided by Game Mart, as well as emails, faxes, letters to addressees, or instant messages sent to addresses acquired from information obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.4.

3.3 - No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Game Mart or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks.

3.4 - Your privacy and Personal Data are important to us. Any Personal Data that you provide to us will be dealt with in line with our Privacy Policy, which explains what Personal Data we collect from you, how and why we collect, store, use and share such data, your rights in relation to your Personal Data and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your Personal Data.

3.5 - We use necessary cookies to make our site work. Cookies are small text files placed on your device (e.g. computer, smartphone or other electronic device) when you use our website. Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions. For more detailed information about the cookies we use, please see our Cookie Policy—www.gamemart.my/cookie-policy.

3.6 - We’d also like to set optional analytics and advertising cookies that enable us to tailor better products and services for you. For example, third-party cookies provided by Google Analytics, Google Ads, Google Tag Manager, Bing, Reddit, Facebook, ShareThis, and Microsoft Azure help us to improve our website by collecting and reporting information on how you use it. These cookies collect information in an anonymous form. For more information on how these cookies work, please see our Cookie Policy—www.gamemart.my/cookie-policy.

3.7 - Third Party Rights. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third Party Rights of others in any way. Game Mart will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the Third Party Rights of others. In addition, Game Mart reserves the right to terminate the account of any User if Game Mart believes that the User’s conduct is harmful to the interests of Game Mart, its employees, directors, affiliates, or other Users, or for any other reason in Game Mart’ sole and absolute discretion, with or without cause.

4. Registered Users

4.1 - Privacy. By becoming a Registered User, you consent to be governed by our Privacy Policy. You also consent to the inclusion of your personal data in our database, and authorize Game Mart to share such information with other Users in accordance with the purposes set forth in this Agreement.

4.2- Game Mart may deny access to its Services or terminate or suspend your account (and any accounts Game Mart determines are related to your account) and your access to the Services should we have reason to believe that you, your content, or your use of the Services violate our Terms. Game Mart will notify you that your account has been terminated or suspended or otherwise blocked unless we have legal or regulatory reasons preventing us from notifying you. Game Mart will not be liable to you for the effect that any changes to your access to the Services may have on you, including your income or your ability to generate revenue through the Services.

4.3 - Prohibition on transferability of Account, User Name, and Password. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User Name or Password to a third party without the prior written consent of Game Mart. Game Mart may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

4.4 One Account Per User. Each User is permitted to create and maintain only one account on Game Mart. Creating or attempting to create multiple accounts is a violation of this Agreement and may result in the suspension or termination of all associated accounts.

4.5 Accurate Account Information. Users must ensure that all account information provided, including payment details and any Know Your Customer (KYC) documents, is accurate and pertains solely to themselves. Providing information that belongs to another individual or entity is a violation of this Agreement and may result in the suspension or termination of the account.

5. Posting on Game Mart

5.1 - You must be a Registered User in order to post information on the Site using the self–help submit and edit tools provided by the Site.

5.2 - No sales agency relationship is created between any User and Game Mart, its affiliates, directors, officers or employees by virtue of Game Mart' display of any of the User's information on the Site.

5.3 - Each User hereby represents, warrants and agrees:

a. That any information provided by the User to be displayed on the Site is true, accurate, current and complete; and

b. That it will maintain and promptly amend all information to keep it true, accurate, current and complete.

c. The Seller must perform all actions necessary to fully and completely transfer ownership rights of the product to the Buyer upon completion of a successful sale.

5.4 - Prohibited behavior. Each User hereby represents, warrants and agrees that information submitted to Game Mart for display on the Site shall not:

a. Contain fraudulent information or make fraudulent offers of items, or involve the sale or attempted sale of counterfeit or stolen items, or items whose sales and/or marketing are prohibited by applicable law. This includes all forms of gambling, games of chance, and any activities that facilitate or promote illegal activities.

b. Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;

c. Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any Third Party Rights;

d. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising);

e. Be defamatory, libelous, unlawfully threatening or unlawfully harassing;

f. Be obscene or contain or infer any pornography or sex–related merchandising or any other content that otherwise promotes sexually explicit materials or is otherwise harmful to minors;

g. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

h. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming);

i. Solicit business from any Users in connection with a commercial activity that competes with Game Mart. Furthermore, in the event that Game Mart determines that User has violated this Section 5.4(i), User authorizes Game Mart to levy a fine of up to $150.00 against the User’s registered payment method on file with Game Mart, and/or require a deposit of up to $300.00 to reactive the User’s Account;

j. Contain any computer viruses, Trojan horses, worms or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data, or personal information;

k. Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or Otherwise create any liability for Game Mart, its employees, directors or its affiliates.

5.5 - Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Game Mart or authorizes Game Mart to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Game Mart or authorizes Game Mart to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

5.6 - Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty–free, sub–licensable (through multiple tiers), assignable license to Game Mart and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights you have in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known.

5.7 - Removal of Material. Game Mart reserves the right in its sole and absolute discretion to remove any material displayed on the Site, including material which it believes in its sole and absolute discretion is unlawful, could subject Game Mart to liability, violates this Agreement, or is otherwise deemed inappropriate.

5.8 - Game Mart reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Game Mart may disclose the identity and contact information of any User if requested to do so by a government or law enforcement body, an injured third party, a subpoena, or any other legal action, and Game Mart shall not be liable for damages or any other consequences thereof. User further agrees that it will not bring any action or claim against Game Mart for such disclosure. In connection with any of the foregoing, Game Mart may suspend or terminate the Account of any User as Game Mart deems appropriate in its sole and absolute discretion. User agrees that Game Mart shall have no liability to User, including liability for consequential or any other damages, in the event Game Mart takes any of the actions mentioned in this Section, and User agrees to bear the risk that Game Mart may take such actions.

6. Transactions between Buyers and Sellers

6.1 - General. Game Mart provides an electronic web–based platform for exchanging information between buyers ("Buyer") and sellers ("Seller") of products and services.

6.2- Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

6.3 - Game Mart does not represent the Seller or the Buyer in specific transactions, nor does Game Mart act as an agent for either Seller or Buyer. Game Mart does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. Game Mart uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, Game Mart cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

6.4 - Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that Game Mart shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

6.5 Taxes. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site.

7. Fees

7.1- Seller fees. The fees we charge for using our Services are listed on our Seller Fees & Disbursements page. Game Mart may change its fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions.

7.2- Buyer fees. The fees we charge for processing payments are posted on our Buyer Payments page. Game Mart may change its fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions.

7.3 - Miscellaneous. Users must have a payment method on file when selling or buying on Game Mart, and Users must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, as well as retaining collection agencies and legal counsel). In addition, Users will be subject to late fees. Also see 8.2 and 8.3 below for fines, deposits, and reimbursement obligations related to violations of this User Agreement.

8. Disputes between Users

8.1 - Game Mart as Arbitrator. In the event that any User has a dispute with any other User with regard to a transaction on the Site, such User agrees to submit the dispute to Game Mart as the arbitrator for final and binding judgment. In order to allow Game Mart to fairly and reasonably conduct investigations, Users agree to refrain from seeking third party arbitration while an order is still open or pending. Users who seek third party intervention (with the exception of Government Investigative Authorities) will be seen as interfering with the investigative process and attempting to force a decision in their favor. Game Mart reserves the right to suspend or permanently ban Users who attempt to interfere with standard operating procedures for orders which are still active or pending.

8.2- Obligation to Reimburse. If a Seller is required to reimburse the Buyer or Game Mart, the Seller authorizes Game Mart to remove the reimbursement amount (in same or other currency) from their designated payment method (i.e. PayPal) on Game Mart. The Seller is required to have a valid payment method on file. If there are insufficient funds in the account, the Seller authorizes Game Mart to charge any reimbursement amount owed to the payment method on file. Game Mart may also place the reimbursement amount on the Seller’s invoice. If Seller does not provide Game Mart with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

8.3 - Fines. In the rare event that Game Mart determines that a dispute between Users is due to a User’s breach of this User Agreement, the breaching User authorizes Game Mart to levy a fine against the User’s payment method, up to $150.00. In addition, Game Mart may suspend or ban the User’s Account, and/or require a deposit of up to $300.00 to reactive the User’s Account.

8.4 - Release. If you have a dispute with one or more Users, you agree to release and indemnify Game Mart and its officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

8.5 - Account Suspension for High Dispute Rates. In addition to the rights reserved above, Game Mart may also suspend or terminate the accounts of users who maintain high dispute or refund rates. We aim to foster a trustworthy and secure marketplace, and excessive disputes can undermine the experience for all users. If your account demonstrates a pattern of disputes that exceeds the typical range for your service category, we may take action including temporary suspension or permanent account closure. We will notify affected users in the event of such action."

8.6 - Obligation to Provide Delivery Evidence. In the event of a chargeback initiated by a buyer, sellers are required to provide sufficient and timely evidence of delivery to support their case. Failure to provide such evidence may result in the dispute being resolved in favor of the buyer and could impact the seller’s account standing and privileges. Sellers are encouraged to maintain all records of transactions and deliveries to ensure they can adequately respond to chargeback disputes.

9. Posting on Game Mart

9.1 - THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND GAME MART HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

9.2 - GAME MART MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. GAME MART DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GAME MART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

9.3 - Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Game Mart or through or from the Site shall create any warranty not expressly stated herein.

9.4 - Force Majeure. Under no circumstances shall Game Mart be held liable for any delay, failure, or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non¬performance of third parties.

9.5 - Each User hereby agrees to indemnify and hold harmless Game Mart, its affiliates, directors, officers, and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly:

a. From such User’s use of the Site, including but not limited to the display of such User's information on the Site;

b. From such User’s breach of any of the terms and conditions of this Agreement;

c. From such User’s breach of any representations and warranties made by the User to Game Mart, including but not limited to those set forth in Sections 5.3, 5.4, and 5.5 above.

d. As a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.

9.6 - Game Mart and its affiliates, directors, officers and employees shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise, or any other damages resulting from any of the following:

a. The use or the inability to use the Site;

b. Any defect in goods, samples, data, information or services purchased or obtained from a User or a third–party service provider through the Site;

c. Any claims or demands that User’s manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

d. Unauthorized access by third parties to data or private information of any User;

e. Statements, conduct, or material posted by Users of the Site, including defamatory, offensive or illicit material; or

f. Any other matter relating to the Site.

9.7- Right to assume defense and control. Game Mart reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Game Mart in asserting any available defenses.

9.8 - Game Mart reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Game Mart or any of its affiliates, directors, officers, or employees be liable to the User or to any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise).

9.9 - Third-Party Content. Game Mart is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither Game Mart nor any of its affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Neither Game Mart nor any of its affiliates, directors, officers or employees is responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance on such Third Party Content. In addition, neither Game Mart nor any of its affiliates, directors, officers or employees is responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

9.10 - Third-Party Websites. Game Mart may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. User acknowledges that Game Mart has no control over such third party websites, does not monitor such websites, and neither Game Mart nor any of its affiliates, directors, officers or employees shall be responsible or liable to anyone for such website, or any content, products or services made available on such website. User is cautioned to read such websites’ terms and conditions and privacy policies before using such third party websites in order to be aware of the terms and conditions of your use of such websites.

9.11 - Regardless of the previous provisions, if Game Mart is found to have liability, its liability is limited to the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to Game Mart in the 12 months prior to the action giving rise to the liability, or c) $100.

10. Game Mart’ Intellectual Property Rights

10.1 - General. Game Mart is the sole owner or lawful licensee of all the rights to the Site and the Game Mart Content. The Site and the Game Mart Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the Game Mart Content shall remain with Game Mart, its affiliates, or licensors of the Game Mart Content, as the case may be. All rights not otherwise claimed under this Agreement or by Game Mart are hereby reserved.

10.2 - Trademarks and Service Marks. "Game Mart,” "Game Mart.com", "PlayerGuardian,” “PlayerRights" and related icons and logos are registered trademarks or trademarks or service marks of Game Mart, Inc. in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

11. Legal Disputes

11.1 - You and Game Mart agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Game Mart User Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through Game Mart’ sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and Game Mart have against each other are resolved.

11.2- Applicable Law. You agree that the laws of the State of California, without regard to the principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Game Mart, except as otherwise stated in the User Agreement.

11.3 - Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association. You and Game Mart each agree that any and all disputes or claims that have arisen or may arise between you and Game Mart relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Game Mart’ Services, or any products or services sold, offered, or purchased through Game Mart’ Services shall be settled exclusively through final and binding arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California, and the language of arbitration shall be English. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, and Title 9 of the U.S. Code (United States Arbitration Act) shall govern the interpretation and enforcement of this Agreement to Arbitrate.

11.4 - - In no event shall an award in an arbitration initiated under this clause exceed the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to Game Mart in the 12 months prior to the action giving rise to the liability, or c) $100.

13.5- Costs. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

13.6 - Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

13.7 - Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND GAME MART AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GAME MART AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GAME MART USERS.

13.8 - Consent to Jurisdiction. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Game Mart must be resolved exclusively by a state or federal court located within the county of Los Angeles, California. You and Game Mart agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California, for the purpose of litigating all such claims or disputes.