Terms & PoliciesDocuments

1. Acceptance of Terms

Welcome to Cutting Edge Gamer. The Cutting Edge Gamer Subscription Leasing Service (the “Service”) is owned and operated by CuttingEdgeGamer, LLC (hereinafter referred to as “Cutting Edge Gamer”, “we” or “us”).

Cutting Edge Gamer provides its services to you subject to the following Service Lease Agreement, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of this Service Lease Agreement will always be on this page and will supersede all previous versions. However, you are bound by the Service Lease Agreement that was in effect on the day that you completed the lease transaction and will remain in effect until: 1) you agree to a new lease or 2) the lease is terminated.

A copy of the Service Lease Agreement is provided to you via e-mail when your lease transaction is confirmed. In the case of accounts with multiple cards, upgrading a card or adding an additional card to your account at a future date may therefore cause you to have card(s) with different sets of Service Lease Agreements.

There will always be a link to the most current Service Lease Agreement on the CuttingEdgeGamer.com homepage.  By using or visiting the Website, you accept and agree to be bound by these terms.

This Service Lease Agreement:

• Governs your use of the Service.  If you do not agree to this Service Lease Agreement, you should not use the Cutting Edge Gamer Service.
• Is an ongoing contract between you and Cutting Edge Gamer and applies to your use of the Service.  This Service Lease Agreement affects your rights and you should read them carefully.
• Sets forth the entire agreement regarding all of the subjects discussed herein.  If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.

We reserve the right, in our sole and absolute discretion, to make changes from time to time (with or without notice) in how we operate our Service. As such, you should review the Service Lease Agreement prior to making any changes to your lease subscription, which may include but are not limited to upgrading your card or adding an additional card to your account.

2. Your Customer Account

If you use the Service, you represent and warrant that all information you supply to Cutting Edge Gamer is complete and accurate. We may ask you to provide additional information, which may include but is not limited to a photo or scan of your valid driver’s license or military identification card, selfie with your ID card, photo or scan of your payment card, and/or current utility bill to verify your identity and residence address before approving your order. These documents are strictly for order verification. Passports are not accepted as a form of identification as they do not verify your current state of residence. You must have internet access and a valid credit/debit card under your own name to use the Service. We accept VISA, Mastercard, Discover and American Express.

We do not accept pre-paid or international debit cards. 

We may reject an order for reasons which may include but are not limited to the following:

• Activity that we believe to be fraudulent,
• Identification or residence address verification documents that we believe to be fraudulent, or
• A utility bill that is past due or indicates a lack of timely payment at any time.

You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person, entity or organization while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, shipping address, telephone number, and billing information, and timely update the information you have provided us if it changes. We reserve the right to place any account on hold at any time (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with Cutting Edge Gamer at any time by logging into your account by using the “My Account” link located at the top of the pages of the Website.

3. Limitations of Use

You must be a US citizen or a lawful US resident, 18 years of age or older, and reside in one of the 50 United States or the District of Columbia to subscribe to the Service.

While individuals under the age of 18 may utilize the service, they may only do so under the supervision of a 
parent or legal guardian.

Parents who wish to create an account on behalf of their children may do so provided that the parent is the account holder.

The cards we lease and the content on the Website are strictly for personal and non-commercial use. We agree to deliver cards to you and grant you a license to access the Website for that limited purpose only. Any unauthorized use of the Website will terminate your subscription service and the limited license granted by us.

4. Our Graphics Cards Are New or Previously Enjoyed

The graphics card sent to you may be new or previously enjoyed (“used”).  We purchase our cards brand new straight from the manufacturer, retailers or distributors.  We never purchase cards from the secondary market.  Previously enjoyed cards are those that have been returned to us by our customers after he/she has performed an Infinite Upgrade or has canceled his/her lease.  We guarantee that the card will perform as per the manufacturer’s rating.  If at any time during the lease you experience issues with the card and feel that it may be defective, then please contact us immediately to start the Return Merchandise Authorization process (the “RMA”).  As you do not own the card, you are not authorized to RMA the card directly with the manufacturer.  See section Warranty Service During Your Lease Term for details on our RMA process.

Prices and availability are subject to change without notice.  We also reserve the right to limit quantities.  Dealer orders will not be accepted without prior written permission.

5. Billing & Subscription Fees

The Service is a twelve-month lease agreement between you and Cutting Edge Gamer.  You do not own the card.  You are not allowed to sublease the graphics card.  You cannot register the card with the manufacturer.  The card and materials sent with the card, including but not limited to the original box, internal packaging and accessories (the “Materials”), remain property of Cutting Edge Gamer and you must return the Materials to us upon termination of the lease, unless you elect to purchase the Materials pursuant to any Buy Out Option provided for herein at the expiration of the lease term.  Your Cutting Edge Gamer subscription will continue in effect on a month to month basis following the expiration of the initial twelve-month lease term unless and until you cancel your subscription or we terminate it.

By joining the Service, you agree that we are permitted to charge your credit/debit card on a monthly basis for your subscription fee plus any applicable taxes and any other charges you may incur in connection with your use of the Service.  Sales tax is only required for orders shipping into states where Cutting Edge Gamer has or may have nexus and where states require the collection of sales tax by online retailers for state tax purposes under applicable laws.  Please note that the sales tax for orders is calculated based upon the total price of the order, including shipping and handling.

We use an independent, third party payment gateway (the “Gateway”) to process your recurring payments.   The subscription fee will be billed in full on the first day of your paid subscription and on the same day of each month thereafter, unless and until you cancel your subscription or we terminate it.  However, if the initial recurring payment was made on the 29th, 30th or 31st of any month, the subscription fee will be billed on the last day of February.  If the initial recurring payment was made on the 31st of any month, then the subscription fee’s billing date will move to the 1st of the month once the following month has less than 31 days.  Cutting Edge Gamer is not responsible for any additional fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us.

If you lease additional card(s) to your account while your first lease is still active, then the Service will create a new subscription that will be billed separately from your first lease with a different monthly billing date.

Your recurring payments are billed automatically by the Gateway on your monthly billing date.  Should this first attempt fail, the Gateway will retry again after seven (7) days.  Should this second attempt fail, the Gateway will try for a third time after seven (7) days.  Should this third attempt fail, the Gateway will try for a fourth and final attempt to receive payment after another seven (7) days.  You may bring your account up to date by paying the past due amount through your account online or by contacting Cutting Edge Gamer Customer Service by phone.

If for any reason we need to send you monthly invoices instead of using the recurring payment system, we will charge an additional $3.00 service fee for each invoice in addition to the payment.

You may update your credit/debit card information at any time by logging into your Cutting Edge Gamer account online or by contacting Cutting Edge Gamer Customer Service by phone during normal business hours (Monday-Friday 9am-5pm CT).

6. Lease Start and End Dates are determined by Ship Date

Your lease start and end dates are based on the date we ship the card to you, not the date the subscription was originally billed.  We do this so that a customer’s lease duration is not affected by product shipment delays caused by Cutting Edge Gamer.  We typically ship the card to you within 5 business days.  For example, if you complete the subscription transaction on the 12th and we ship on the 15th, your lease start date will be the 15th of that month.  In addition, using the same example, the billing cycle (the “Billing Cycle”) is considered to be from the 15th of the current month to the 14th of the following month, not from the 12th to the 11th.  Your subscription fee would still be billed on the 12th of every month.

7. Infinite Upgrades® Program

Members may participate in our Infinite Upgrades® Program, where even before the term has expired on their existing card, they may select a new card without incurring any early termination fees (the “Upgrade”) and send back the previously enjoyed card to us.  You are automatically enrolled in the Infinite Upgrades® Program when you subscribe to our Service.  You must be current on all payments and fees to participate.  In addition, any outstanding cards and Materials from a previous Upgrade must be received by Cutting Edge Gamer before a new Upgrade or adding an additional card to your account may be requested.  Upon subscribing to an Upgrade, a new twelve-month lease will commence, the upgrade card will be shipped, and materials will be sent to you for the proper free-of-charge return of the previously enjoyed card and Materials to Cutting Edge Gamer.  The prior lease will be terminated when we receive the previously enjoyed card and Materials, provided the previously enjoyed card is in working condition.

We may require for you to ship the previously enjoyed card back to us first (we will provide return materials by email) in these scenarios:

• You are a new customer who upgrades prior to your second monthly payment,
• You have moved and are unable to provide an approved document (such as a utility bill in your name) verifying your new address,
• You have remitted one or more payments past the original billing date, 
• You have been late in returning one or more return shipments (upgrade or RMA), or
• Your account has any activity that we believe may be fraudulent.

For the scenarios above, once we see that the return shipment is in-transit back to us, the upgrade card will be shipped.

Upgrades from two cards to a single card are allowed with no additional fee.  Upgrading from three or more cards to a single unit is not allowed under this lease agreement unless all applicable early termination fees are paid in full prior to shipment.

Your monthly subscription fee may change, up or down, depending on the Upgrade that is chosen.  By participating in the Infinite Upgrades® Program, you agree that we are permitted to modify your subscription fee (plus any applicable taxes [Texas residents only]) if required.  Any subscription fee changes will be applied on the next billing date.

For existing customers, participating in our Infinite Upgrades® program in the middle of a Billing Cycle will result in a one time, prorated charge (or refund, if applicable)  calculated from a credit of the unused portion of the current graphics card subscription total and the billing of the new graphics card subscription total for the same period.  This will be a one time separate invoice charged to your account via the Gateway.  Thereafter, the Gateway will bill monthly for the new subscription total, at its agreed upon monthly rate, until the end of the lease term.

For example: you upgrade from a $49.99/month card to a $69.99/month card with 20 days left in a 30-day Billing Cycle.  The unused portion (credit) for the current graphics card is $33.33. The billing portion of the new graphics card is $46.66.  Therefore, we will charge your account a one time, prorated charge of $13.33 (the billing portion minus the unused portion) and the next Billing Cycle will reflect the new $69.99 monthly subscription fee.

The used portion ($16.66 per the example above) is forfeited as part of the Upgrade.

The unused portion as calculated above transfers to the Upgrade, and the used portion is forfeited and does not transfer to the Upgrade.

Prorated charges must be paid in full prior to shipment or the Upgrade shipment will be placed on hold.  Prorated refunds are credited to your account.  The prorated refund may be applied to your payment card on file immediately or on your next payment at our discretion.

8. Cutting Edge Gamer Referral Rewards Program

You are automatically enrolled in our Referral Rewards Program when you sign up for a subscription.  Details for the Referral Rewards Program will be included in your subscription confirmation e-mail.  You may also receive details by sending your inquiry via e-mail to Cutting Edge Gamer Customer Service.  If your account is not up to date on payments, then you will not receive your reward(s) until it is current.

In order to redeem the reward after signing up for a subscription, the referred customer must send the referrer’s e-mail address on his/her Cutting Edge Gamer account to [email protected].  This must be done within the first 14 days after signing up for a subscription.  If it is not done within 14 days, the Referral Reward is forfeited for both the referred customer and the referrer.  You are no longer enrolled in the Referral Rewards Program once your subscription is terminated.

9. Canceling Your Subscription Early will incur an Early Termination Fee

Should you cancel your subscription before its term ends, you will be responsible for an EARLY TERMINATION FEE (plus any applicable taxes [Texas residents only]) of up to two month’s subscription fees for each card canceled early – except for cancellations consistent with our Infinite Upgrades® Program or returns policy.  Canceling your subscription in months 1-10 will incur a fee equal to two month’s subscription fees.

For example: if your monthly subscription fee is $49.99 and you cancel in the third month, you will be charged an early cancellation fee of $99.98 (2 x $49.99).

Canceling your subscription in month 11 will incur a fee equal to one month’s subscription fee.  There is no early termination fee if you choose to cancel in month 12; however:

We do not give pro-rated refunds for cancellations initiated after the initial 14 days of the lease.

We also reserve the right to change our fees, but we will notify you in advance if we do so.

We recommend that you use our free-of-charge shipping materials or shipping with a tracking method to return your cards after canceling your account.

If you are not satisfied with our service within the first 14 days after the lease start date and the card is not defective, you may cancel your subscription with no early termination fees and be refunded your first month’s payment less a $40.00 restocking fee after we have received the card and Materials.  The cancellation request must be made via e-mail (phone calls are not accepted).

Should you submit your cancellation request within the first 14 days after an Upgrade, then the refund depends on if the next monthly payment has or has not been paid and is calculated as follows:

• Refund if the next monthly payment has been paid when you submit your cancellation request = the last monthly payment received less a $40.00 restocking fee
• Refund if the next monthly payment has not been paid when you submit your cancellation = the last monthly payment received plus any additional prorated charge (if applicable) less the previous lease’s used portion and less the $40.00 restocking fee (see Section 7. Infinite Upgrades® Program on how the used portion is calculated).

10. End of Term Buy-Out Option

At the end of the lease term, the customer may purchase the leased card outright for one (1) month’s lease fee.  A customer may choose the Buy Out Option by contacting us directly near the end of the lease term or by allowing the recurring payment to process the Buy Out Option fee.  You may also request to buy out the card early.  Any such requests to buy out the card early must be made via e-mail.  The final payment will include all remaining lease payments plus the Buy Out Option fee.  After the Buy Out Option payment is received, Cutting Edge Gamer will cancel your subscription service and send you your final account and purchase summary.

11. Shipping Policies

We use reasonable efforts to ship orders within 5 business days after receiving your order.  We currently ship five days per week (Monday through Friday) using USPS, FedEx or UPS Ground.  We do not ship during holidays.  We will send you an e-mail when your card has been shipped and the tracking number has been provided by the freight service.

You may request expedited shipping by contacting Cutting Edge Gamer Customer Service.  Additional charges for expedited shipping will be quoted on a case-by-case basis.  The expedited shipping charge must be paid in full prior to shipment.

We reserve the right to ship cards to the members of our Service in any manner we determine or in the manner specifically requested by a customer.  Your signature is required for delivery.  Please note that not all deliveries will be shipped from the warehouse closest to you.  Other factors that may impact the delivery time are: (i) the timing of changes to your card request(s); (ii) the location of the warehouse; (iii) delivery issues within the freight service system; (iv) required signature for delivery not received; and (v) technical problems within Cutting Edge Gamer and/or the internet.

When returning a card and Materials, either at the end of the lease term, when a card is defective, when a subscription is canceled or when participating in our Infinite Upgrades® Program, we will send you a prepaid postage label for free-of-charge return shipping.  We encourage you to reuse the shipping box and cushioning materials that were sent with the original shipment or the successive shipment (such as with an Infinite Upgrades® order). We do not reimburse for shipping charges if you elect to ship on your own.

If for any reason, a shipment is returned to us as undeliverable, unclaimed or refused, you will be charged $40.00 or the return shipping fee, whichever is higher, and we will consider your lease as terminated.

13. Charge for an Unreturned Card

If we charge your account for an unreturned card and you still wish to receive a credit for the return of the card, the card and Materials must be returned in working condition via our free-of-charge shipping materials, or USPS registered mail, within 30 days of the date of the charge.  We do not reimburse for shipping charges if you elect to ship it on your own or Late Fees (see Section 14. Cutting Edge Gamer Returns Policy).  After 30 days, all sales are final.  If we are unable to charge your account for an unreturned card, your account may be sent to a collection agency or referred for the legal process.  If an overdue account is assigned for collection, you agree to pay all reasonable collection costs, attorney fees, and court costs incurred.  It is further agreed that all overdue accounts shall bear interest at the maximum rate allowed by law.  If the number of lost and/or damaged cards on your account become excessive, we may place your account on hold or terminate your membership.

14. Cutting Edge Gamer Returns Policy

If a card that you lease from Cutting Edge Gamer does not work (and it has not been damaged in your possession), and you notify us within the first 14 days after the lease start date, we will, as your sole remedies, either replace it or refund your money.  Cards leased from Cutting Edge Gamer may be returned for a FULL refund if ALL of the following conditions are met:

• You’ve contacted Cutting Edge Gamer Customer Service via e-mail to inform us of your damaged or unusable card within 14 days after the lease start date (you will then receive a Return Merchandise Authorization number [the “RMA number”]);
• Items are in their original packaging;
• Items are received by Cutting Edge Gamer damaged or unusable (as previously reported to Cutting Edge Gamer Customer Service);
• All Materials (original box, internal packaging and accessories) are returned; and
• Items are received by us or confirmed as in-transit to us by the freight carrier within 14 days after informing Cutting Edge Gamer of your damaged or unusable card.

Returns that do not meet the above conditions will be issued a full refund less a $40.00 restocking fee, provided that less than 30 days have elapsed since you were charged for the card.

If you are not satisfied with our service within the first 14 days after the lease start date and the card is not defective, you may cancel your subscription with no early termination fees and be refunded your first month’s payment less a $40.00 restocking fee after we have received the card and Materials.  The cancellation request must be made via e-mail (phone calls are not accepted). 

Should you submit your cancellation request within the first 14 days after an Upgrade, then the refund depends on if the next monthly payment has or has not been paid and is calculated as follows:

• Refund if the next monthly payment has been paid when you submit your cancellation request = the last monthly payment received less a $40.00 restocking fee
• Refund if the next monthly payment has not been paid when you submit your cancellation request = the last monthly payment received plus any additional prorated charge (if applicable) less the previous lease’s used portion and less the $40.00 restocking fee (see Section 7. Infinite Upgrades® Program on how the used portion is calculated).

You have 14 days to return a card and Materials after either:

• You have received a replacement card;
• You have received a loaner card with Materials;
• You have received an upgrade card when participating in our Infinite Upgrades® Program; or
• We have sent you prepaid postage via USPS regular mail or e-mail to return your card(s) after canceling your lease early;

You have 14 days to return a card without the Materials after either:

• You have received a loaner card without the Materials and are returning an unusable card; or
• You have received a replacement card after warranty service and are returning a loaner card that was received without the Materials.

If a card and Materials or a card without Materials are not received by us or confirmed as in-transit to us by the freight carrier within 14 days for the above conditions, any applicable refund is forfeited and the card is deemed unreturned. For cancellation requests not returned within the 14 days, your cancellation request will be canceled and you will continue on with the lease as-is. We may charge your account for the current retail price or replacement price (whichever is higher) of a card as outlined in section Lost, Unreturned and Damaged Cards.

If a card and Materials or a card without Materials are placed in-transit to us by the freight carrier greater than 14 days for the above conditions, then we may charge your account a prorated Late Fee calculated based on the number of days exceeding 14 days, divided by 30, and multiplied by the monthly lease rate of the card being returned.  The monthly lease rate used is the rate of the card being returned that was active when that card was originally shipped to you.  You will have 14 days to pay this Late Fee invoice once it is produced.  Late Fees do not apply to past due customers canceling their lease early;  however, past due customers will still owe any past due balance of unpaid lease payments and / or early termination fees after the card is returned.

15. Fees for Materials Not Returned

Materials such as the original box, internal packaging and accessories must be included when a card is returned to us. If an item is returned damaged, then it will be considered a missing item. You agree to be charged for any missing items as set forth in the schedule below:

Original Exterior Box:	$15.00		DVI to HDMI Adapters:	$10.00
Original Internal Packaging:	$15.00		DisplayPort Adapters:	$15.00
6-pin or 8-pin Power Cables:	$10.00		Other Items Not Listed:	$10.00
12-pin or 16-pin Power Cables:	$35.00

16. Warranty Service During Your Lease Term

The Return Merchandise Authorization (“RMA”) process, from the time when you contact the card manufacturer to when you receive the replacement unit, could take between 3-6 weeks or longer depending on the manufacturer.  With our service, we will get you up and running again within 5 days of receiving your notice of the defective card issue.  As you do not own the card, we provide any warranty service during the lease term.  If a card stops working after the first 14 days after the lease start date (and it has not been damaged in your possession), you need to contact Cutting Edge Gamer Customer Service to inform us of your damaged or unusable card.  We will then send you an RMA authorization number and start processing the warranty request.

At our discretion, we will either send you a replacement card or loaner card for the defective unit.  We will send you prepaid postage for you to return the defective card to Cutting Edge Gamer within 14 days of receipt of replacement or loaner card.  If the defective card is not received by us or confirmed by the freight carrier as in-transit to us within 14 days, we may charge your account for the current retail price or replacement price (whichever is higher) of a card as outlined in section Lost, Unreturned and Damaged Cards.

If a replacement card is sent to you, this unit will match the manufacturer and part number of the card on your account.

If a loaner card is sent to you, this unit will either match, be equivalent to or have a greater performance rating than the card on your account.  We will send only the loaner card to you, and you need only to return the defective card to us (do not return any Materials).  You will have 14 days to return or place the defective card in-transit by the freight carrier after receipt of the loaner card.  Once we have received the replacement card from the manufacturer, we will send that card to you.  You will have 14 days to return or place the loaner card in-transit to us by the freight carrier (do not return any Materials) after receipt of the replacement card.  We will provide prepaid postage to you to ship both the defective and loaner cards to us.  If the defective or loaner card is not received by us or is not confirmed as in-transit to us by the freight carrier within 14 days after receipt of the loaner or replacement card, respectively, we may charge your account for the current retail price or replacement price (whichever is higher) of a card as outlined in section Lost, Unreturned and Damaged Cards.

We may require for you to ship the defective or loaner card back to us first (we will provide return materials by email) in these scenarios:

• You are a new customer who requests warranty service prior to your second monthly payment,
• You have moved and are unable to provide an approved document (such as a utility bill in your name) verifying your new address,
• You have remitted one or more payments past the original billing date or your account is currently in a past due state, 
• You have been late in returning one or more return shipments (upgrade or RMA), or
• Your account has any activity that we believe may be fraudulent.

For the scenarios above, once we see that the return shipment is in-transit back to us, the replacement or loaner card will be shipped.

17. Warranty for Cards Purchased with our Buy-Out Option

Cutting Edge Gamer will honor or transfer the warranty for the remainder of the warranty period for cards purchased through our Buy Out Option program.  This Buy Out Option warranty is for the Buy Out Option customer only while he/she owns the card and is not transferable.  The product condition when received by Cutting Edge Gamer must meet the requirements as set forth in the original card manufacturer’s warranty.

Honoring the warranty means we will provide warranty service for the remainder of the warranty period for the card.  However, you will be without a card while the card is being RMA’ed.  You will bear the cost of shipping the card to us (only the card – do not send any Materials), and Cutting Edge Gamer will cover the cost of shipping the replacement card back to you. The manufacturer may replace the defective card with a product of equal or greater performance if an exact replacement is not available.  Cutting Edge Gamer will honor the warranty for the remainder of the warranty period for the following cards:

• EVGA cards with part numbers ending in -AR or -TR
• All PNY cards
• All PowerColor cards
• All SAPPHIRE Technology cards
• XFX HD 7xxx or later series cards
• All ZOTAC cards

Transfer means that the remainder of the warranty period is transferred to you with your purchase of the card pursuant to our Buy Out Option.  You will then work directly with the card manufacturer on any warranty issues after purchase.  Cards on which any applicable warranty will be transferred include:

• All ASUS cards
• EVGA cards with part numbers ending in -KR or -KL
• All GIGABYTE cards
• All MSI cards

18. Personal Property

If we are able to identify an item inadvertently submitted to us as a lease return, we will make a reasonable attempt to return the item to the sender.  You hereby release us from any liability arising from the receipt and attempted the return of such items.

19. Pricing Policies

If we discover that any items advertised on our website have been mispriced, we will do one of the following:

• If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item’s correct price is higher than our stated price, we will (at our discretion) either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

20. Intellectual Property

All content and data included on the Website, including but not limited to graphics, text, logos, button icons, software, and/or other information subject to IP protection concerning proprietary methods, processes, devices or trademarks or dress, is the property of Cutting Edge Gamer, or its suppliers or affiliates and is protected by United States and international copyright laws.  No content may be reproduced or used without express written permission from CuttingEdgeGamer, LLC and any other copyright holder.  You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website; not to insert any code or manipulate any content, and not to use data mining, data gathering or any other extraction methods.  Cutting Edge Gamer does not condone any infringing activities.  All trademarks not owned by Cutting Edge Gamer that appear on the Website or on cards and Materials, are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Cutting Edge Gamer.  Any images of persons or personalities contained on the Website or on cards and Materials shall not be an indication of endorsement of any particular product or our service by any person, group or organization unless otherwise specifically indicated.

21. Electronic Communication

By using the Service, you agree to receive electronic communications from Cutting Edge Gamer.  These communications may include information about your customer account such as shipping and receiving confirmation e-mails, or information related to the Service and features.  These communications are part of your subscription to our Service.  You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any applicable legal requirements regarding written communications.

22. Disputes

You and Cutting Edge Gamer expressly and irrevocably agree that the Travis County District Court or U.S. District Court for the Western District of Texas shall have exclusive jurisdiction over any dispute between you and Cutting Edge Gamer or any of its officers, directors or other agents. You and Cutting Edge Gamer expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of the lease agreement of the Service. If any provision hereof should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions hereof shall not be affected thereby. If Cutting Edge Gamer retains an attorney in connection with any default in the payments described herein, or in performance of any covenant or obligation described herein, if Cutting Edge Gamer brings suit on this lease agreement, or if you bring any suit against Cutting Edge Gamer and do not prevail, then you shall be liable to Cutting Edge Gamer for the amount of all reasonable attorneys’ and/or collection fees incurred by Cutting Edge Gamer.

23. Usury

Interest contracted for, taken, reserved, charged, or received pursuant to the lease agreement of the Service will not exceed the maximum rate or amount of non usurious interest that may be contracted for, taken, reserved, charged, or received under Texas law. Any interest in excess of that maximum amount will be credited against your Subscription Fee or refunded. This provision overrides any conflicting provisions in the lease agreement hereof.

24. Limitations on Liability

THE CONTENTS OF THE CUTTINGEDGEGAMER.COM WEBSITE, AND THE CARDS WE LEASE ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, CUTTINGEDGEGAMER LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, ABOUT THE CARDS WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT. YOUR RIGHT TO RECOVER ANY DAMAGES SUFFERED BY YOU SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE SUM OF YOUR PAYMENTS OF SUBSCRIPTION FEES TO US PURSUANT TO YOUR LEASE. IN NO EVENT SHALL CUTTINGEDGEGAMER LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CARDS OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL CUTTINGEDGEGAMER LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR COMPUTER OR OTHER EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CARDS. WHILE CUTTING EDGE GAMER WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER’S PROPERTY IT RECEIVES, CUTTING EDGE GAMER WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU WAIVE ANY CLAIM FOR ATTORNEY FEES IN CONNECTION WITH ANY ACTION ASSERTED BY YOU AGAINST US IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED HEREIN, INCLUDING WITHOUT LIMITATION, CLAIMS FOR ATTORNEYS FEES ARISING UNDER 38.001 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE.

To Contact Cutting Edge Gamer

To contact Cutting Edge Gamer if you have a question or concern about this Lease Agreement, please contact Cutting Edge Gamer Customer Service.

By mail:
CuttingEdgeGamer, LLC
Customer Service Department
4107 Medical Pkwy Suite 201
Austin, TX 78756

By phone: (512) 481-2134 – Monday-Friday, 9am-5pm CT

Or e-mail: [email protected]

This Lease Agreement was last updated October 2, 2023.