A. The Gamebreaker Corporation, Inc. ("Us" or "We") provides the GameBreaker site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of March, 15, 2010. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

A. Secure ordering: We go to great lengths to protect your personal information. We use Secure Sockets Layer (SSL), the industry-standard encryption technology that ensures safe internet transmission of your personal information. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give a pop-up message stating that you're about to enter or leave a secure area. Using a browser that is SSL capable will ensure that your information is encoded/encrypted when it is sent over the Internet. Our website has also earned a digital certificate from thawte, Inc. When you see thawte's logo on our secure checkout pages, be assured that your information is being transmitted to our secure servers. Ultimately your account and personal information is protected by the password you provided when you created your www.areyouagamebreaker.com account. Always keep this password and login information private, and never share it with anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet café.

Unfortunately, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while we endeavor to safeguard your personal information against unauthorized access and disclosure, we do not warrant or guarantee the absolute security of any personal information you transmit to, from or through our website. We will notify you in the event we become aware of a security breach involving your personal information stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.

Registration policies:

To make online shopping faster and easier, you may register with www.areyouagamebreaker.com. Using your email address and a password of your choice, you may access your account online at any time to add, delete or change information retained in your account.

If you are using a public computer, we strongly encourage you to close your browser at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

We encourage users to create a registered account on our website. The benefit of having a registered account on Areyouagamebreaker.com is having the ability to view past orders, and quickly access your shipping and billing information with a username and password. When you register with us as an online customer, we may ask for additional information such as what sports you play.

The alternative to having a registered account is being a "Guest" visitor. As a "Guest," you do not have access to past orders, or the benefit of storing your billing and shipping information on our site.

Unfortunately, we do not offer account registration at this time for International Consumers.

A. Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

A. Privacy statement:

To help us achieve our goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as information from certain third parties. Because we respect your privacy, we have procedures to ensure that your personal information is handled in a responsible manner. We have posted this Privacy Statement on our website to let you know what kind of information we collect, the purposes for which we collect and use the information, how it is handled, with whom it may be shared, and what choices you have regarding our use of your information.

As we continue to develop our website and take advantage of advances in technology, our Privacy Statement may change. Please refer to this page frequently for the most up-to-date information.

The remainder of our Privacy Statement is further detailed in the following FAQs.

A. The Gamebreaker Corporation, Inc. ("We" or "Us" or "Our") offers the use of its blogging and message board services (along with the content posted thereon, the "Services") subject to the terms and conditions of use (the "Terms") contained herein. All references herein to "We," "Us," or "Our" are intended to include The Gamebreaker Corporation, Inc. and any other affiliated companies. By accessing, creating or contributing to any blogs or messages hosted by us (the "Blog"), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.

A. Information You Submit to Us: we receive and store any information you submit on our website or give us in any other way. You can choose not to provide certain information but then you may not be able to take advantage of many of our features. By usage of our website or through registration thereon, you grant us the permission to process your personal data that has been provided to us via the Gamebreaker website in accordance with the provisions of this Privacy Statement. We use the information that you provide for such purposes as processing your order, responding to your requests, customizing future shopping for you, improving our website, and communicating with you.

Should you decide to register an account with the Gamebreaker website, personal data that we will collect, store and use are the following: name and email address. Additionally, you have the option of providing your gender, birth date, shipping/billing address, and daytime phone number.

Should you place an order, personal data that we will collect, store and use are the following: name, billing address, shipping address, credit card number and expiration date, email address and phone number.

Information from Other Sources: if you have registered an account with us or placed an order through our website, to help us customize shopping for you, improve our communication with you, and improve our business overall, we may obtain certain demographic information about you from reputable third party sources such as Merkle Inc.

A. (a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.

(b) The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.

(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.

(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

A. Purposes of use: We use the information that you provide to us via our website only for the following purposes: processing and fulfilling your order, responding to your requests and your product inquiries, for our own direct marketing purposes, customizing future shopping for you, improving our website, communicating with you and for our own financial accounting purposes. Credit card information is used only for payment processing and fraud prevention.

Order placement: Once you decide to place an order, if you are not a registered customer, you will be given the option to register an account with the Gamebreaker website or to place an order as a Guest only. If you choose to become a registered customer, your personal information will be saved on our system to facilitate your future purchases on our website. Also, as a registered customer, you will have the ability to view your order history on our website. On the other hand, if you choose to place the order as a Guest only, none of your personal information will be saved by us upon completion of your order except as may be reasonably necessary to document our business activities or as needed for required disclosures. Please see the paragraph “What are your security and registration policies?” above for more information about your options to place an order as a registered customer or as a Guest.

Email communications: to help us make email communication more useful and interesting, we may receive a confirmation when you open email messages from www.areyouagamebreaker.com if your computer supports such capabilities. We also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers.

A. Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described below.

Third Party Service Providers: We employ other companies (including our affiliates) and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance (including on-line advertising), providing search results and links, processing credit card payments and providing customer service. These third party service providers have access to customer personal information needed to perform their functions, but may not use such information for any purpose other than the function which we have directed them to perform on our behalf. We require such third party service providers to implement and maintain reasonable security measures to safeguard the confidentiality, security and integrity of your personal information.

Protection of Gamebreaker and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of our company, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Statement.

Merger, Acquisition, Sale/Transfer of Assets or Business: If our company is acquired by or merged with or into another entity, or if our assets or business is sold or transferred to another entity, your personal information may be transferred to such entity as part of the transaction, and that entity and its affiliates may use your personal information under the terms of their own privacy policies which may differ from this privacy statement.

With your consent: Other than as described above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information. This includes sharing your personal information with an unaffiliated third party for such third party’s direct marketing use. We will not share your personal information for this purpose without your prior consent. Q. What are Cookies and how does Gamebreaker use them? A. A "cookie" is a small data file stored by your web browser on your computer's hard drive. It allows us to recognize your computer (but not specifically who is using it) when you enter our site by associating the identification numbers in the cookie with other customer information you have provided us. That customer information is stored on our secured database.

We use cookies to identify the pages you click on during your visit to our site and the name of the website you visited immediately before navigating to Areyouagamebreaker.com. We use this information to improve our site design, product assortments, customer service, and special promotions.

We may contract with third parties who may use cookies and collect information on our behalf or provide services such as credit card processing, shipping, promotional services or data management.

We may also use single pixel images on our website. This technology tells us more about browsing and buying activity within Areyouagamebreaker.com but none of your personal information (name, address, email address, payment information, etc.) will be received or shared with our third party service providers.

The use of cookies is a standard Internet practice and most major websites use them. When shopping on Areyouagamebreaker.com, cookies allow us to manage the contents of your cart.

Please note:

You can refuse cookies by turning them off in your browser. If you turn off cookies, though, you will not be able to make a purchase from our website.

A note to our customers using Internet Explorer 6.0:

If you are using Internet Explorer 6.0 and are having difficulty purchasing from our website, please check your privacy settings in your browser and set them to "Medium." If you do not wish to change your privacy settings to "Medium" and you are currently using the "Medium High" or "High" settings, you may choose to override your current cookie handling practices for individual websites that you specify.

A. If you are a registered customer, you may access your account by visiting the "Modify Profile" section of our website, once you’ve logged in. From this link, you can view, update or delete certain of your personal information from our database. Please note that we reserve the right to retain personal information relating to you for a period of time as is reasonably necessary to document our business activities or as needed for required disclosures. If you wish to edit personal information but are unable to do so by visiting the “Modify Profile” section of our website, please click http://www.gamebreakerstore.com/storeside/shop/contactus. If you are not a registered customer but wish to contact us about accessing any personal information retained by us, please click http://www.gamebreakerstore.com/storeside/shop/contactus.

A. If you have any questions, comments or concerns about our handling of personal information relating to you, please click http://www.gamebreakerstore.com/storeside/shop/contactus to contact us.

A. To make online shopping faster and easier, you may register with Areyouagamebreaker.com. Using your email address and a password of your choice, you may access your account online at any time to add, delete or change information.

If you are using a public computer, we strongly encourage you to close your browser at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

We encourage users to create a registered account on our website. The benefit of having a registered account on Areyouagamebreaker.com is having the ability to track shipments, view past orders, and quickly access your shipping and billing information with a username and password. When you register with us as an online customer, we may ask for additional information such as what sports you play.

The alternative to having a registered account is being a "Guest" visitor. As a "Guest," you do not have access to tracking, past orders, or the benefit of storing your billing and shipping information on our site. Gamebreaker does not sell its mailing list or customers' email addresses.

A. Our website may contain links to certain third-party websites. Gamebreaker does not own, control or operate such linked sites, and is not responsible for the privacy policies or practices of such linked sites. Privacy policies and practices for such linked sites may differ from our privacy statement and practices. Your access and use of such linked sites is entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.

A. We may update this privacy statement from time to time without prior notice. You can determine when this statement was last revised by referring to the “Last revised” legend at the top of this page. Any changes to our statement will become effective upon posting of the revised statement on the Internet, accessible through www.areyouagamebreaker.com. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of our privacy statement. If you are a registered customer, we may notify you of any changes to this privacy statement via email and may ask you to affirmatively acknowledge consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on our website.

A. Gamebreaker, Inc. takes the privacy of children seriously. Our site is not directed at children, we do not knowingly collect personal information from children under the age of 13 through our website and we request that children under the age of 13 not submit any personal information through our website.

A. Effective January 1, 2005, California Civil Code Section 1798.83 (known as the “Shine the Light” law) requires that if a business has an established business relationship with a California resident and has within the immediately preceding calendar year disclosed such resident’s personal information to a third party, knowing or having reason to know that such third party used the information for its direct marketing purposes, then the business must disclose such information-sharing to the resident upon request, including what personal information was shared, and with whom it was shared. A business is deemed in compliance with this law if: (1) it has a published privacy policy of not sharing a customer’s personal information with third parties for direct marketing purposes without the customer’s consent (either opt-in or opt-out); and (2) it provides the customer upon request with a notice of his/her choice to prevent such sharing and a cost-free means to exercise that choice. As a general matter, consent by “opt-in” means that a business will not share a customer’s personal information with third parties for their direct marketing use, unless the customer affirmatively consents to such sharing (e.g., by checking a box or clicking on a button to manifest consent). On the other hand, consent by “opt-out” means that a business may share a customer’s personal information with third parties for their direct marketing use, unless the customer expressly disallows or objects to such sharing (e.g., by checking a box or clicking on a button to manifest disallowance or objection).

As stated above, Gamebreaker does not disclose your personal information to third parties for their direct marketing purposes, unless with your affirmative consent (i.e., “opt-in”).

California residents may request an information-sharing disclosure from us by emailing your request to consumerrelations@areyouagamebreaker.com . Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

A. Copyright:

The following elements of this website are the property of Gamebreaker or our suppliers and are protected by United States and international copyright laws:

• All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship -- both individually and as they are compiled on the site.

• All software.

Trademarks:

The trademarks or trade dress of Gamebreaker and our affiliates may not be used without our written permission. Trademarks or trade dress include the Gamebreaker name and logo, and other graphics and other indicia of origin of Gamebreaker products, services, and programs, and those of our affiliates.

All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Use:

You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with Areyouagamebreaker.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited.