General Terms and Conditions of Participation "Edge" customer loyalty program

Last Updated: November 1, 2023

1. Program Overview

1.1 Edge is a customer-loyalty program ("Edge", "Edge Program" or "Program") operated by Electronics Boutique Canada Inc. ("GameStop", "our" or "we") with respect to the Canadian location of the following stores: (i) GameStop; (ii) EB Games; (iii) EBX; (iv) EB Pop; and (v) EB Kids (collectively, "GS Stores") and its website located at www.gamestop.ca (the "Website"). The following General Terms and Conditions of Participation govern the registration to and participation in the Edge Program by the Edge cardholder ("Member" or "Cardholder").

1.2 By enrolling in the Program you agree that you have read and understand these Terms and Conditions and are bound by all of them, as may be changed by GameStop from time to time, and you consent to GameStop's collection and use and disclosure of your personal information in accordance with the Privacy Policy (located at https://www.gamestop.ca/privacy), as may be amended by GameStop from time to time and incorporated herein by reference. Further, you acknowledge and accept these Terms and Conditions as a condition of continued membership in the Program. GameStop specifically reserves the right to amend, alter, suspend, withdraw or terminate the Program, any Program benefit or award/reward, add, remove or substitute any Program reward partner or these Terms and Conditions either with or without notice and in all cases without responsibility or liability.

2. Participation in the Program

2.1 To participate in the Edge Program you must apply for membership. You can apply for membership in person at any Canadian GameStop Store or, for an Edge Red Membership (described below), you can also register online. GameStop reserves the right to deny any application for membership in the Edge Program. Participation in the basic Edge Program is free of charge to the Cardholder.

2.2 Membership in the Edge Program is limited to natural persons only; no corporation, trust, partnership or other legal entity may hold membership in the Edge Program. MEMBERSHIP AND PARTICIPATION IN THE EDGE PROGRAM ARE LIMITED TO INDIVIDUALS RESIDING IN CANADA. You shall forthwith notify GameStop in the event that you change your residence to one located outside of Canada by e-mail at help@gamestop.ca or by mail at:

GameStop Canada
8995 Airport Road
Brampton, Ontario
L6T 5T2
Attention: EDGE Customer Service.

2.3 A Member must enrol individually, using his/her full legal name, and such Member may have only one active Edge account at any given time. Participation in the Edge program is exclusively for the benefit of the registered Cardholder and is non-transferable; membership may only therefore be maintained and remain in the name of a single individual. Membership and its benefits are personal and cannot be assigned, traded or otherwise transferred without the prior written consent of GameStop or otherwise in accordance with the Terms and Conditions of the Edge Program, as may be amended by GameStop from time to time. Membership and its benefits are solely for individual personal use and may not be used to gain commercial advantage, sold, or used in connection with the resale of any products. Any assignment or transfer in violation of these rules will be void and may, at the sole discretion of GameStop, result in the loss of membership or the cancellation of any and/or all accumulated points or other benefits, as the case may be.

2.4 Each Member shall promptly advise GameStop of any change in terms of his or her name, mailing address, e-mail address or any other required membership enrolment data. GameStop shall not be liable for misdirected communications such as mail or e-mail or any consequences thereof. Notice of any change to personal information can be made by contacting customer service by telephone at 1-877-442-6303, by e-mail at help@gamestop.ca or by mail at:

GameStop Canada
8995 Airport Road
Brampton, Ontario
L6T 5T2
Attention: EDGE Customer Service.

2.5 GameStop has no obligation to continue the Program or to provide any notice of its suspension or termination. Likewise GameStop has no obligation to provide any notice of any changes to the Program (or these Terms and Conditions) other than to update the date of last revision set forth at the very beginning of these Terms and Conditions following any change made thereto.

2.6 GameStop will not be responsible for any failure of the Website or for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail, online or Internet entry or any other equipment, devices, systems and/or networks used in conjunction with the Program. In addition, GameStop will not be responsible for any technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the Program. GameStop reserves the right, at its sole discretion, to cancel or suspend this Program should a virus, bug or any other problem impede or compromise the proper administration of the Program or any security measures and safeguards relating to the foregoing. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Program is strictly prohibited, and should any such attempt be made, GameStop reserves the right to seek remedies and damages to the fullest extent permitted by law.

3. Membership Enrolment

3.1 To participate in the Program you must first become a member of the Edge Program. Basic membership is free and does not require any purchase.

3.2 To apply for Edge membership, you must be a Canadian resident (and have a valid Canadian address), you must have a valid e-mail address and you must be 14 years of age or older.

3.3 If you are under the age of majority in your jurisdiction, your parent or legal guardian must be informed of the foregoing, must review these Terms and Conditions and must agree to these Terms and Conditions on your behalf. Failure to do so will result in the immediate termination of your Edge Membership and forfeiture of any Points and all other benefits that you may have earned or accumulated without any compensation, credit or refund of any sort. We reserve the right to validate your age and, if you have not attained the age of majority in the jurisdiction in which you reside, to verify and confirm that one of your parents or legal guardians has reviewed an agreed to these Terms and Conditions for you (we are not obligated to do so, however, and we may freely and solely rely on the statements made in your registration form in this regard).

3.4 Enrolment in the Program (whether in person at an GS Store or online at https://www.gamestop.ca) is subject to verification and will be deemed invalid if the information provided is not accurate, current and complete.

3.5 If you enrol in the Program online, you must create a password or a personal identification number ("Password") which is required to access your Edge account online through the Website (an "Online Account"). You may also create an Online Account if you enrolled in the Program at an GS Store (you simply need to access the Website to do so).

3.6 If your application for Edge membership is accepted by GameStop, you will be presented with an Edge card. GameStop will notify you within a reasonable period, if your application is rejected.

3.7 If you apply online and your application is accepted, a temporary Edge card with a unique Member account number ascribed to it will be issued for you and can be obtained by accessing the "My Temporary Card" section through your Online Account. You can exchange your temporary Edge-membership card for a permanent card at any GS Store.

4. Edge Member Privacy

4.1 The Program is subject to the Privacy Policy available at https://www.gamestop.ca/privacy (the "Privacy Policy"). In addition, we collect your personal information for the following purposes: (i) to set up and administer the Edge Program including ongoing management of Edge accounts and to accurately record Point and credit balances; (ii) to process Point and credit redemptions and issue rewards; (iii) to invite and allow Members to participate in promotions and contests; (iv) to communicate with Members with respect to the Edge Program; (v) to deliver Edge Program e-mails to Members; (vi) to understand Member needs and preferences; (vii) to provide Members with products and services that meet their needs or interests as well as information about these and suggestions; (viii) to provide Members with special offers and rewards; (ix) to follow-up and inquire in terms of your activities on the Website or interruption of certain activities on the Website; (x) to assess the demand for our products and services; (xi) to assess the effectiveness of our promotions and other marketing endeavours; and (x) to facilitate or enable any corporate or commercial transaction involving GameStop or its business and/or assets.

4.2 Where required by applicable laws, GameStop will obtain consent before using personal information for a purpose that has not been specified. See the Edge Privacy Policy at https://www.gamestop.ca/privacy incorporated herein by reference, for further details. Member information is considered an GameStop asset, provided that personal information may only be handled in accordance with the Privacy Policy and applicable laws. If our business or the Program is transferred to a new owner, Member personal information may be transferred to and considered an asset of the new owner; it may also be disclosed in conjunction with investigations, inquiries, requisitions and due diligence conducted by a prospective acquirer.

4.3 With the exception of IP addresses, web beacons and session related information (which is automatically collected in regard to any Website visitor), GameStop does not collect personal information on the Website from individuals it knows to be under 14 years of age. The Program is not marketed to or directed towards children under 14 years of age. GameStop requests that website visitors under 14 years of age not disclose or provide any personal information. If GameStop discovers that any such personal information was disclosed to it or otherwise collected by it, it will delete the child's personal information from its records. If for any reason GameStop, believes a user may be under the age of 14, it reserves the right to request proof of age from such user. If sufficient proof of age is not provided, or if it is discovered the user is under the age of 14, all personal information regarding that individual (other than transaction related information will be deleted from GameStop system, GameStop reserves the right to limit and/or ban the user from membership in the Program and from any further access to or use of the Website.

5. Lost, Stolen or Damaged Edge cards; Account Security

5.1 You must notify GameStop immediately if your Edge card is lost or stolen by contacting us by phone at 1-877-442-6303. When we are made aware of a lost or stolen Edge card, we will flag the Edge card as lost or stolen and the Edge membership associated with the account will be rendered inactive. A new Edge account number and Edge card may be provided at GameStop's sole discretion. GameStop is not liable for any third party use of a lost or stolen Edge membership card, or for any loss of the Point and/or credit balance associated with that card.

5.2 If you have a damaged Edge membership card, a replacement card may be issued at GameStop's following validation of your identity and confirmation that your Edge membership is in good standing. If an Edge card is cancelled for any reason, it becomes void without compensation or refund whatsoever.

5.3 Anyone who knows your Password and account identifier will have full access to your Online Account. You are solely responsible: (i) for maintaining the secrecy of your Password, (ii) for all activities that occur through use of your Online Account; and (iii) for immediately notifying GameStop of any actual or suspected unauthorized use of your Online Account by contacting GameStop by telephone at 1-877-442-6303 or by e-mail at help@gamestop.ca. GameStop is not responsible in any way for any loss arising from unauthorized use of your Online Account or your failure to comply with these provisions.

6. General Content of the Edge Program

6.1 The Edge card may entitle the holder to receive certain discounts, ancillary advantages and/or promotional offers as well as provide the ability to accumulate Program points ("Points") in terms of eligible purchases. The Cardholder shall be notified of any such special discounts/advantages/offers by mail, e-mail or MMS/SMS.

6.2 The Program offers different Membership levels: (i) Red; (ii) Gold; (iii) Platinum; and (iv) Onyx. Membership levels from Red through Onyx provide an increasing level and/or number of benefits under the Program. More specifically:

Edge Red Membership

At time of enrolment, or at any time after initial enrolment, a Member is eligible to receive an Edge Red membership in store or online at no cost. Terms may vary and are subject to such other and further terms and conditions as may be communicated at the time of enrolment. Subject to change at any time by GameStop without notice, an Edge Red Member is entitled to the following benefits upon receipt of the Edge Red membership:

A single use "welcome coupon" providing a 10% discount* towards the purchase of one previously enjoyed game or accessory
Periodic and/or temporary programs that may increase the amount of points accumulated by an Edge Red Member
A yearly "Birthday Coupon", namely a coupon providing after the purchase of a previously enjoyed game or accessory, a 20% discount* in terms of the purchase of a second previously enjoyed game or accessory
A 2 day "Pre-order Hold Benefit"; we will hold pre-ordered products in-store for a period of up to 2 days, effective on the release date of the product

Edge Gold Membership

Edge Red membership Cardholders can level-up to Edge Gold membership status by accumulating sufficient Points any time after initial enrolment in the Red membership Program. A Red Member is eligible to receive an Edge Gold Membership card in store. Terms may vary and are subject to such other and further terms and conditions as may be communicated at the time of upgrade. Subject to change at any time by GameStop without notice, an Edge Gold Member is entitled to the following benefits upon receipt of the Edge Gold membership:

5% discount* in terms of previously enjoyed games and accessories for a period of 1 year
A single use "welcome coupon" providing an additional $5.00 in trade credit for any eligible product traded at an GS Store
eligibility to participate in designated periodic and/or temporary programs that may increase the amount of points accumulated by an Edge Gold Member
A yearly "Birthday Coupon", namely a coupon providing after the purchase of a previously enjoyed game or accessory, a 30% discount* in terms of the purchase of a second previously enjoyed game or accessory
A 2 day "Pre-order Hold Benefit"; we will hold pre-ordered products in-store for a period of up to 2 days, effective on the release date of the product
A "Level Up Coupon" allowing the Edge Gold Member to receive a previously enjoyed game free when he or she purchases 2 previously enjoyed games
A continuing 5% discount* on all purchases from GameStop of toys, collectibles, apparel, and trading cards (discount may not be combined with any other promotion)

Edge Platinum Membership

At time of enrolment, or at any time after initial enrolment, a Member may purchase an Edge Platinum Membership ("Paid Platinum Member" or "Paid Platinum Membership") at an GS Store. An Edge Gold Member may also upgrade his or her membership to an Edge Platinum membership by accumulating sufficient Points following his upgrade to Gold membership (an "Unpaid Platinum Membership"). The Platinum membership price and terms may vary and are subject to such other and further terms and conditions as may be set by GameStop from time to time and communicated at the time of purchase of Paid Platinum Membership. Subject to change at any time by GameStop without notice, an Edge Platinum Member is entitled to the following benefits upon upgrade to the Edge Platinum membership:

10% discount in terms of previously enjoyed games and accessories for a period of 1 year
A single use "welcome coupon" providing an additional $10.00 trade credit for any eligible product traded at an GS Store
eligibility to participate in designated periodic and/or temporary programs that may increase the amount of Points accumulated by an Edge Platinum Member
A yearly "Birthday Coupon", namely a coupon providing after the purchase of a previously enjoyed game or accessory, a 40% discount* in terms of the purchase of a second previously enjoyed game or accessory
A 4 day "Pre-order Hold Benefit"; we will hold pre-ordered products in-store for a period of up to 4 days, effective on the release date of the product
A "Level Up Coupon" allowing the Edge Platinum Member to receive a previously enjoyed game free when he or she purchases 2 previously enjoyed games
A continuing 10% discount* on all purchases from GameStop of toys, collectibles, apparel, and trading cards (discount may not be combined with any other promotion)
A continuing 10% discount* on purchase of Biogenik Accessories from GameStop (discount may not be combined with any other promotion)
Exclusive "Deal Days" discounts*; we offer several exclusive sale events for Edge Platinum/Onyx Members throughout the year

Edge Onyx Membership

Platinum membership Cardholders can level-up to Onyx Membership status by accumulating sufficient points any time after initial enrolment in the Platinum Membership. A Platinum Member is eligible to receive an Onyx Membership card in store. Subject to change without notice, an Edge Onyx Member is entitled to the following benefits upon receipt of the Onyx membership:

for a period of 1 year, receipt of an additional 15% in terms of the then applicable trade-in price dictated by GameStop when previously enjoyed games and accessories are traded in GS Stores (a "Trade-in Bonus") subject to the following conditions:

Product subject to trade-in must be in full working condition to receive full value. Games must include boxes and instructions to receive full value. GameStop holds no obligation to accept product for trade-in. All trade-ins are subject to GameStop's generally applicable rules, terms and conditions.
In order to obtain the Trade-in Bonus an Onyx Cardholder must present his/her Edge membership card to an GameStop Store associate prior to any transaction. If the Cardholder fails to present his/her card, promotions towards that transaction will not be honoured retroactively.

15% discount* in terms of previously enjoyed games and accessories for a period of 1 year*
A single use "welcome coupon" providing an extra $15.00 in trade credit for any eligible product traded at an GS Stores
eligibility to participate in designated periodic and/or temporary programs that may increase the amount of Points accumulated by an Edge Onyx Member
A yearly "Birthday Coupon", namely a coupon providing after the purchase of a previously enjoyed game or accessory, a 50% discount* in terms of the purchase of a second previously enjoyed game or accessory
A 5 day "Pre-order Hold Benefit"; we will hold pre-ordered products in-store for a period of up to 5 days, effective on the release date of the product
A "Level Up Coupon" allowing the Edge Onyx Member to receive a previously enjoyed game free when he or she purchases 2 previously enjoyed games
A continuing 15% discount* on all purchases from GameStop of toys, collectibles, apparel, and trading cards (discount may not be combined with any other promotion)
A continuing 15% discount* on purchase of Biogenik Accessories from GameStop (discount may not be combined with any other promotion)
Exclusive "Deal Days" discounts*; we offer several exclusive sale events for Edge Platinum/Onyx Members throughout the year.

* discounts may only be obtained in regard to in-store purchases at GS Stores.

6.3 A Member may cancel his or her Edge membership at any time by notifying GameStop's customer service department by mail, email or telephone. Cancellation will result in the loss of any Points accumulated at any level during the membership. A Paid Platinum Member may downgrade his or her Platinum Membership subject to certain conditions. Upon returning his or her Edge Platinum membership card, the Paid Platinum Membership will be downgraded to the entry level, namely an Edge Red membership and, if the downgrade is requested within 30 days of purchase of such Paid Platinum Membership, he/she will receive a full refund of the fee he/she paid for his/her Paid Platinum Membership. In the event a Paid Member does not pay to renew their Membership after the 1-year period, the Member's Account will be downgraded to the entry level, namely an Edge Red membership. Voluntary downgrade or downgrade for failure to renew a Paid Platinum Membership will not result in the loss of accumulated points. GameStop may, in its sole discretion, cancel an individual's Paid Platinum Membership by refunding the Platinum membership fee to the Paid Platinum Member.

6.3 Promotional offers exclusive to Edge Cardholders cannot be combined with any other offer, unless otherwise specified by GameStop.

6.4 In order to obtain discounts, or Points a Cardholder must present his/her Edge membership card to an GameStop Store associate prior to any transaction. If the Cardholder fails to present his/her card, discounts, Points and other benefits in terms of that transaction will not be earned, provided, awarded or recorded retroactively.

6.5 Edge Cardholders also receive the benefit of an enhanced product returns program ("Satisfaction Exchange Benefit"). Cardholders are entitled to return any closed or open-packaged product within a specified period of time following purchase, in exchange for a store credit of original purchase value. This period is 2 days for Red Cardholders, 3 days for Gold Cardholders, 7 days for Platinum Cardholders and 10 days for Onyx Cardholders. Items purchased using this store credit will be labelled as non-refundable and may only be exchanged towards an identical item.

6.6 Purchases that include a product key required for activation or an online code to activate online content and/or digital content, are excluded from the Satisfaction Exchange Benefit program. Purchases that show signs of damage caused by the purchaser are also excluded from the Satisfaction Exchange Benefit program.

6.7 Members cannot view the accumulation of their Points until the Account is fully activated by completing online activation at https://www.gamestop.ca. Points cannot be used towards purchases or exchanged for cash. Accumulated Points may only be used to elevate the member to higher levels of membership. During specified time periods, members accumulate 1 Point for every $1 spent on any eligible new product purchase when a Member's account number is provided at time of purchase in-store or online. Purchases accumulate Points at the following rates, subject to change by GameStop without notice: (i) New merchandise and redemption of GameStop gift cards accumulate 1 Point for every dollar spent; (ii) All purchases of previously enjoyed games and accessories accumulate 2 Points for every dollar spent; (iii) 2 Points are accumulated for every $1 of product value for previously enjoyed items traded at an GS Store; and (iv) Select other products may, at any or all times, accumulate lower or zero Point values at GameStop's sole discretion. The dollar amount of any eligible product purchased will be rounded up to the nearest whole dollar before accumulated Points are calculated. Points will be posted to a Member's Account within approximately 48 hours from the time of in-store or online purchase. No adjustments to Points awarded in conjunction with an eligible purchase will be made in regard to a Member's Account after 30 days from the actual purchase date, except at GameStop's sole discretion. Point calculations are based upon dollars spent at checkout on eligible purchases less taxes, fees, delivery charges, rebates, or other excluded charges. Members do not accumulate Points for the amount of any discounts applied. When a Member returns a product to an GS Store, Points previously posted to a Member's Account for that purchased product will be deducted from the Member's Account. Additional exclusions and limitations may apply.

6.8 Account Activity Statement

Members are responsible for ensuring that their Points are properly credited to their Account. If proper credit does not appear on the Member's activity statement, the Member must contact Customer Service within 30 days of the purchase to rectify such discrepancy.

6.9 Maintenance of Membership level

Subject to your continued satisfaction of the eligibility requirements and your compliance with these Terms and Conditions, unless terminated as contemplated in these Terms and Conditions, your Edge Program membership will continue indefinitely although your Edge membership level may change in accordance with the following: (i) an Edge Red Membership can be maintained without payment of any fee or maintenance of any minimum Point balance; (ii) an Edge Gold Membership can be maintained if your annual Point balance is at least 1,000; (iii) an Edge Platinum Membership can be maintained if your annual Point balance is at least 3,000 (in which case your membership for the coming year will be an Unpaid Platinum Membership) or if you pay the then current Platinum annual membership fee (in which case your membership for the coming year will be a Paid Platinum Membership); and (iv) an Edge Onyx membership can be maintained if your annual Point balance is at least 6,000. For the purposes of this section, "annual Point balance" means the total number of points accumulated during the most current membership year, net of any adjustments, If you do not meet the annual Point balance for your then current membership level but your aggregate Point balance exceeds the minimums set forth above for such membership level, your membership at then current level will be renewed subject to a reduction of your aggregate Point balance by 1,000 in the case of an Edge Gold membership, by 3,000 in the case of an Unpaid Platinum Membership and by 6,000 in the case of an Edge Onyx membership.

7. Credit Balances on Cards

7.1 The credit acquired by a Member via product trade-ins can be stored on such Member's Edge membership card. No interest is earned on any trade-in credit balance. Members agree to pay all taxes, tariffs and assessments levied or imposed by any government agency in connection with their Edge Account.

7.2 Edge membership cards can be loaded with a maximum credit of nine hundred and ninety nine dollars and ninety nine cents ($999.99) CAD. Edge membership cards containing nine hundred and ninety nine dollars and ninety nine cents ($999.99) can no longer be used towards product trade-ins, until the card trade-in credit balance has been sufficiently decreased.

7.3 Any trade-in credit balance on the Edge membership card can be used towards the purchase of any products in GS Stores. For this purpose the gross purchase price and any applicable taxes are deducted from the credit balance on the Edge membership card. If the purchase price exceeds the credit balance available on the Edge membership card the Member is responsible for payment of the difference between the purchase price and the credit balance on his or her Edge membership card.

7.4 Any trade credit balance on an Edge membership card cannot be redeemed for cash, cannot be transferred to another account and cannot be credited to a gift card or other form of voucher except where we terminate your Edge membership in which case you may request to have your trade credit balance applied to a gift card (subject to our right to set off against such trade credit balance any amounts that you or will come to owe GameStop) which will be mailed to you at the mailing address we have on record at that time.

7.5 The Cardholder can verify the current trade-in credit balance on his/her Edge membership card at any time by providing proof of his/her identity in an GS Store and by presenting their Edge membership card to an GameStop sales associate.

8. Termination, Changes and Breach

8.1 The Cardholder can terminate the agreement on the use of the Edge card at any time by sending written notice to GameStop. Along with a written request for membership termination, the cardholder can return their Edge membership card to:

GameStop Edge Customer Service
Electronics Boutique Canada Inc.
8995 Airport Road
Brampton, Ontario, L6T 5T2.

Alternately, the Edge membership card can be returned to any GS Store. Termination by the Member nullifies any Point and/or trade-in credit balance stored on his/her Edge membership card. Once a request for termination has been processed, there can be no reactivation of the Account or its associated Point and/or trade-in credit values.

8.2 GameStop may change these Terms and Conditions, any aspect of the Edge Program including redemption procedures or any rewards in any respect, all without notice, including, without limitation changes that affect the value of Edge Points and other credits already accumulated. For current Terms and Conditions for the Edge Program, please visit https://www.gamestop.ca/terms. For current details about Program benefits, please visit https://www.gamestop.ca/edge.

8.3 GameStop may terminate your membership if you fail to comply with any of the terms and conditions of these Terms and Conditions, the Terms and Conditions of Purchase and Use or any other agreement between GameStop and you. In the event of such termination you will lose any accrued Points and unused benefits (except for trade-in credit values as detailed in section 7.4 above) and will not receive any refund of any membership fee if at such time you are a Paid Platinum Member.

8.4 Your membership will automatically terminate if you become a resident of a country other than Canada.

8.5 GameStop may terminate the Edge Program for convenience and without liability by providing Members with at least 365 days' prior written notice. Upon termination of the Program, your membership will forthwith terminate without compensation for any accrued Points or unused benefits (except for trade-in credit values as detailed in section 7.4 above). Notwithstanding the foregoing, in the event GameStop terminates the Edge Program for convenience and at such time you are a Paid Platinum Member, GameStop shall refund the unused portion of the membership fee for his/her unexpired Paid Platinum Membership.

9. Disclaimers and Exclusion of Liability

9.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR PARTICIPATION IN THE EDGE PROGRAM AND ANY RELATED WEBSITE, RESOURCE OR SERVICE IS AT YOUR OWN RISK. THE EDGE PROGRAM AND ANY RELATED WEBSITE, RESOURCE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO QUALITY, ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE, ERROR FREE OPERATION, UNINTERRUPTED OPERATION, AVAILABILITY, NON-INFRINGEMENT OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY GameStop TO THE FULLEST EXTENT PERMITTED BY LAW.

9.2 YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR MAILING ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND OTHER COORDINATES ARE AT ALL TIMES ACCURATE AND UP TO DATE. WE ARE NOT RESPONSIBLE FOR ANY LOST, STOLEN, MISDIRECTED OR MISAPPROPRIATED COMMUNICATIONS, GIFT CARDS, VOUCHERS, OR OTHER MATERIALS SENT TO A WRONG OR AN INACTIVE ACCOUNT OR NUMBER, OR TO AN INCORRECT OR FORMER ADDRESS.

9.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GameStop AND ITS SERVICES PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR AGGRAVATED LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE EDGE PROGRAM AND ANY RELATED WEBSITE, RESOURCE OR SERVICE, OR THESE TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, LOSS OF MARKETS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF INCOME, LOST PROFITS, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF REPUTATION, DEPRECIATION OF GOODWILL, OR ANY OTHER ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING, WITHOUT LIMITATION, GROSS NEGLIGENCE, WILFUL MISCONDUCT AND FUNDAMENTAL BREACH) BY GameStop OR ANY PERSON FOR WHOM GameStop IS RESPONSIBLE, AND EVEN IF GameStop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. FOR QUEBEC RESIDENTS, THE FOREGOING EXCLUSION OF LIABILITY DOES NOT EXTEND TO LIABILITY ARISING FROM INTENTIONAL OR GROSS FAULT, OR WITH RESPECT TO ANY PERSONAL OR MORAL INJURY.

9.4 GameStop WILL NOT BE LIABLE FOR ANY DAMAGES ARISING DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ANY CAUSES OR CIRCUMSTANCES THAT ARE BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ANY STRIKE, LOCK-OUT OR OTHER LABOUR DISPUTE, ANY SHORTAGE OR UNAVAILABILITY OF PHYSICAL OR HUMAN RESOURCE, ANY THIRD PARTY BREACH, ANY UNAVAILABILITY OF PUBLIC OR THIRD PARTY TELECOMMUNICATION NETWORK, ANY POWER OUTAGE, ANY ACT OF WAR, ANY ACT OF TERRORISM, ANY RIOT, ANY REAL OR APPREHENDED INSURRECTION, ANY ACT OF GOVERNMENT OR PUBLIC BODY AND THE LIKE.

9.5 YOU ACKNOWLEDGE AND CONFIRM THAT THIS SECTION 9 CONSTITUTES AN ESSENTIAL AND MATERIAL PROVISION OF THE AGREEMENT BETWEEN YOU AND GameStop AND THAT IN THE ABSENCE OF THE PROTECTION PROVIDED TO GameStop PURSUANT TO THIS PROVISION, GameStop WOULD NOT HAVE PROVIDED YOU WITH ANY RIGHT OR OTHER BENEFIT IN REGARDS TO THE EDGE PROGRAM OR ANY RELATED WEBSITE, RESOURCE OR SERVICE.

9.6 THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY THEREFORE NOT FULLY APPLY TO YOU.

10. General

10.1 These Terms and Conditions together with the Privacy Policy constitute the entire agreement between you and GameStop regarding your participation in the Program and your entitlement to any benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with GameStop over the Internet, you consent to the formation of contractual relations through electronic communications. GameStop has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program. Except where prohibited, members agree that: (1) except to the extent the jurisdiction in which you reside expressly prohibits the following, any and all disputes, claims and causes of action arising out of or connected with this program shall be resolved individually, without resort to any form of class action, and exclusively by the courts of Toronto; and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation in the Program, but in no event legal fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the member and GameStop in connection with the program shall be governed by, and construed in accordance with, with the laws of the Province of Ontario and the Federal laws of Canada that apply in the province of Ontario.