TERMS OF USE 

Your use of our website gammagamer.com (our "Website") is based on your acceptance, without modification, of these Terms of Use (these "Terms").  Gammagamer.com (the "Company") reserves the right, in our sole discretion, to modify these Terms, at any time, effective upon the date we post revised terms or fees on our Website. Your continued use of our Website constitutes your binding acceptance of these Terms, including any changes or modifications we may make.

1.         The Company does not provide third party services.  Our Website contains links to other Internet sites owned by third party merchants and service providers. The Company has no control over these third party sites.  The Company does not endorse the third party goods or services or the third party sites that are promoted on our Website.  Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. The Company does not sell, resell, or license any of the goods and services that are promoted on our Website and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

2.         Subscription Fees.  We shall be authorized to charge your credit card on a monthly basis for subscription fees.  Your credit card will be charged on the first day your account is open for the amount of your subscription cost, plus any applicable sales tax and be charge on each monthly anniversary.  For example, if your paid subscription began on July 17^th then the next billing date will occur on August 17^th.  The company is not to be held responsible for any finance charges, late payment fees, or any other fees you incur as a result of charges billed by the company.  We reserve the right to change subscription fees.  Before any fee change, we will notify you by the e-mail you have provided us.

3.          Service Upgrades/Downgrades At any time during you subscription period, you may change your service policy to either receive two games at one time or only one game at a time.  If you upgrade to two games we will charge you for only the days for which the policy has changed.  If you downgrade your service plan, no credit or refunds will be issued for any unused days.  If your service have been downgraded and you are renting more games than the new service plans allows, we will continue to charge your account the old rate until we receive the extra games(s).

4.         Game Purchases.  You may purchase games that you are currently renting or may choose to purchase games we have in our inventory.  By doing so, you agree to allow the company to immediately charge your credit card the price of each game as listed, or if not listed, as determined by the company plus applicable taxes and /or shipping fees.

5.         Additional Fees.  After cancellation of a subscription we reserve the right to charge your account for any game(s) not returned within seven days. We will charge your account the listed price of each game, or if not listed, a replacement cost price determined by the company plus applicable taxes.    We may also charge your credit card for any lost or damaged games. At the discretion of the company lost or damaged games may be handled in this same fashion.

6.         Right to Terminate.  We reserve the right to terminate or restrict your subscription without notice, for any reason whatsoever, or for no reason.

7.         Limitations on use.  You must be 18 years of age or older and reside in the United States to use the Company's services.  We agree to deliver games for personal and non commercial use.  Any unauthorized use of the games can lead to the termination or restriction of your subscription.

8.         Privacy.  All of the information that you submit to us is subject to our Privacy Policy.

9.         Web Site Content.  Under no circumstances shall the Company be held liable for any loss or damage caused by your reliance on any information obtained through the Company's site including images, descriptions, instruction manuals . It is your responsibility to evaluate the information, opinion, advice, or other content available through the Company's site.

10.         Customer Accounts.  You warrant that all information you provide the Company is complete and accurate.  You are responsible for maintaining the confidentiality of your account information.  You agree to accept responsibility for all activities on your account.

11.        Customer Complaints.  Any questions, comments or complaints regarding our services or website should be sent to support@gammagamer.com, or by our 'contact us' form on the site.

13.        Notices.  The Company may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon the Company's posting them on our Website or delivering them to you through e-mail. You may update your e-mail address on the site or by sending an e-mail to support@gammagamer.com  If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by sending an e-mail to support@gammagamer.com 

14.  Disclaimers.  WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE INFORMATION ON OUR WEBSITE. OUR WEBSITE AND ITS INFORMATION ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY INFORMATION THAT YOU OBTAIN THROUGH OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS INFORMATION.

NEITHER THE COMPANY NOR ANY OF ITS PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15.  Miscellaneous.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The Company may elect to resolve any controversy or claim arising out of or relating to these Terms or our Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Manhattan, New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The Company may seek any interim or preliminary relief from a court of competent jurisdiction in Manhattan, New York, necessary to protect the rights or the property of the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

These Terms shall be construed in accordance with the laws of the State of New York, and you irrevocably consent to bring any action to enforce these Terms in the federal or state courts located in Manhattan, New York.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.