Terms of Service

1. Acceptance of Terms

Welcome to HitGaming.com (the "Site"), operated by Springledge Entertainment, Inc., a Kentucky corporation doing business as HitGaming.com ("HitGaming," "Company," "we," "us," or "our"). These Terms of Service (the "Terms") govern your access to and use of the Site and all services we provide, including the sale of used video games, consoles, and related items to HitGaming (collectively, the "Services").

By accessing, browsing, registering for, or using the Site or Services in any way - including by submitting items for sale, generating a shipping label, or shipping items to us - you ("User," "Seller," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Site or Services.

2. Eligibility

To use the Site or Services, you represent and warrant that you:

• Are at least 18 years of age and have full legal capacity to enter into a binding contract. Age verification is required at registration and you must affirm your age at that step;
• Have a valid shipping address in the United States or Canada. Sellers in Canada ship at their own expense under Section 10.12. Free prepaid shipping is available only for addresses in the contiguous Lower 48 states (every US state except Alaska and Hawaii) plus the District of Columbia, on sell orders with a Locked Quote of $50 or more (sell orders under $50 are handled per Section 10.11). Sellers in Alaska, Hawaii, Puerto Rico, US territories, or military APO/FPO/DPO addresses may still sell to us but must ship at their own expense (see Section 10.5);
• Are not barred from using the Services under the laws of the United States or any other applicable jurisdiction;
• Will provide accurate, current, and complete information in all interactions with the Site;
• Are the lawful owner of, or are authorized by the owner to sell, every item you submit through the Site, and have the right to transfer full title to it; and
• Certify, for every item you submit, that it is free of any lien, security interest, or third-party claim; that it is genuine — an original licensed product, not a counterfeit, reproduction, bootleg or repro cartridge, disc, label, box, or manual; and that it was lawfully obtained. These certifications are made when you place the sell order and are repeated by each item you ship; they survive payment and are relied on by HitGaming and its own buyers.

The Services are not directed to children. We do not knowingly do business with anyone under 18. If we learn that a Seller is under 18, we will cancel the order, withhold payment until we can verify identity with a parent or legal guardian, and may terminate any associated account.

3. Account Terms

Some features of the Site may be used without creating an account. If you do create an account, or if you supply email, payout, and shipping information to complete an order, the following terms apply:

• One account per person. You may not maintain more than one active account, and you may not create an account on behalf of anyone other than yourself.
• Credential security. You are responsible for all activity that occurs under your account or order, including orders placed and items shipped. Keep your credentials, payout details, and email secure.
• Notify us of unauthorized use. Notify us immediately at sell@hitgaming.com if you suspect any unauthorized access to your account, payout method, or order.
• Suspension for cause. We may suspend, restrict, or terminate your account or any pending order at any time, with or without notice, if we suspect fraud, misrepresentation, abuse, attempted chargebacks against shipping carriers, repeated shipping no-shows, or any other violation of these Terms. Cancelling an order through the process in Section 4.1 is not a shipping no-show and is never held against you.

HitGaming is not liable for any loss arising from unauthorized use of your account or payout information unless caused by our gross negligence or willful misconduct.

3.1 Business seller accounts

Any account holder may optionally identify as a business seller by adding a business name to their profile or by submitting a business name and state to request a resale certificate. You represent that any business information you provide is accurate and that you are authorized to act on behalf of the business named. Resale certificate requests are reviewed individually and approved at our discretion.

Upon approval, we make available a resale certificate packet documenting that HitGaming (Springledge Entertainment, Inc.) purchases inventory for resale under its state sales and use tax permit. The packet is provided for your records only, is personalized with your business name and the date of download, and each download is logged. Nothing on the Site, including the packet, constitutes tax or legal advice; you remain responsible for your own state's tax registration and filing obligations. We may decline a request or revoke business seller status where the information provided appears inaccurate, incomplete, or misused.

3.2 Email from HitGaming

When you create an account or place an order, we send you service emails about that order and your account: order confirmations, label and shipping notices, inspection results, payout confirmations, security codes, and messages you ask us for. These are part of the Services and are sent for as long as your account is open or an order is in progress.

By creating an account you also agree that we may send you occasional reminder and news emails — for example, a reminder that games are still sitting in your cart. We keep these few and relevant, and we never sell or share your address (see the Privacy Policy). You can turn reminder and news emails off at any time under Email preferences on your account page, or by using the unsubscribe link that appears in every such email. Turning them off does not affect service emails, which continue while your account is open.

4. The Selling Process

The Services follow the documented flow below. By submitting an order you agree to follow each step and to be bound by HitGaming's determinations made in good faith at each step.

1. Search and cart. You search our database, select items you wish to sell, choose the condition tier for each item (Loose, Boxed, or New), and add them to your cart.
2. Checkout and quote lock. You complete checkout by providing your shipping origin and payout method. The per-item quote shown at checkout becomes the "Locked Quote" for that order, subject to the adjustments described in Sections 6, 7, and 8.
3. Prepaid shipping label. For Lower-48 sell orders with a Locked Quote of $50 or more, HitGaming provides a free prepaid shipping label. The label is not emailed to you: you submit the packed box's weight and dimensions on your order page, and the label is then made available for download on that page. For sell orders under $50, HitGaming does not provide a prepaid label and you ship the order at your own expense. No postage is deducted from your payout and no postage is credited or reimbursed. You must provide a valid tracking number using the tracking link on your order page, and you bear all risk of loss or damage in transit (HitGaming's carrier insurance does not apply to self-shipped packages). See Section 10.11. You are responsible for packing the items securely and dropping them off with the carrier within the time window described in Section 10.
4. Inspection. Upon receipt, we inspect each item to verify identity, condition, completeness, and functionality.
5. Payout or adjustment. If items match the declared condition, we pay the Locked Quote. If items do not match, we exercise the rights described in Sections 6 and 8 (revised offer or return under our Returns Policy).
6. Payment. Approved payouts are issued by the method you selected, per Section 9.

4.1 Cancelling an order

You may cancel a sell order yourself, at no cost, from your order page, for as long as we have not received the items and the package has not entered the carrier's network. Cancelling voids any prepaid label issued for that order and releases the Locked Quote; our prices change daily, so a new order for the same items may quote differently. Cancelling an order is not a breach of these Terms and is not counted against you under Section 3 or Section 10.9.

Once you have mailed the package, the order can no longer be cancelled — the sale is binding from that point, and shipping a package against a label that has been voided carries the consequences set out in Section 10.10. If you have already mailed a package and need help, email sell@hitgaming.com rather than cancelling.

5. Condition Definitions

When you add an item to your cart you must select one of the following condition tiers. By selecting a tier you represent that the item meets the standard described.

5.1 New

Factory sealed and unopened. Original shrinkwrap must be intact, with no dents, cuts, punctures, or resealing.

5.2 Boxed

The game comes with its case and its original paper cover art. A cracked or stickered case costs nothing — we replace cases (except the Sega cases described below). The cover art must be original (not a reprint) and in good condition: no wrinkles, punctures, front or rear damage, stains or water marks. For cartridge games sold in a cardboard box (NES, Super Nintendo, Nintendo 64, Game Boy, Game Boy Color, Game Boy Advance), the original cardboard box must be in good condition instead. For Sega Genesis, Master System, Game Gear and 32X games, which came in plastic cases, the original case must have no damage inside or outside, its clips must not be broken, and its cover art must meet the standard above. A missing manual is acceptable. The disc or cartridge must match the cover art. An item whose cover art, cardboard box or Sega case doesn’t meet this standard is paid at the Loose price.

5.3 Loose

Cartridge or disc only. No case and no manual.

5.4 Disc policy

Light scratching on the playable side of a disc is acceptable provided the disc still boots and plays through. Heavier scratching on the playable side is subject to inspector review before payout. On CD- and DVD-based games, damage that can be repaired by resurfacing carries no deduction — the disc is resurfaced in-house; damage that has removed material renders the disc ineligible, as described in Section 6. Damage to the playable side that has removed material from the disc surface — including deep scratches, gouges, pitting and divots — cannot be repaired by resurfacing and renders the disc ineligible. For this purpose, damage is treated as having removed material where a fingernail drawn across the disc catches in it. Scratches on the printed (top) side of a disc, and cracks anywhere on a disc — including the center hub ring — render the disc ineligible. Stickers on the printed side of a disc carry a 50% deduction. Stickers on — or damage to — a disc's case carry no deduction (cases are replaced). For cartridge games: stickers or writing on the label carry a 50% deduction, marker or writing on the shell (not the label) 25%, moderate or severe shell yellowing 50%, and a label that is peeling but remains fully attached and readable 50% — the peeling tier applies only where the cartridge is otherwise in good condition. A cracked shell, or a missing, ripped or faded label, renders the cartridge ineligible. Sellers declare these conditions per item at checkout and may select only one condition per item; where more than one applies, the seller selects the most severe. Quoted prices reflect the applicable deduction at the time the quote locks. Blu-Ray-format discs (PS3, PS4, PS5, Xbox One, Xbox Series, Wii U) are held to a stricter standard because they cannot be reliably resurfaced: light scratching is acceptable as long as the game plays, and severe, heavy, or deep playable-side scratching that could affect gameplay renders the disc ineligible.

5.5 Scope - games, listed consoles and listed accessories

HitGaming buys complete games, the consoles published in our catalog, and the accessories published in our catalog. Accessories are quoted and inspected item by item, because the defects that affect value differ by item type. An accessory that needs heavy cleaning, including a dirty battery compartment, carries a 50% cleaning deduction (or is not eligible where the condition list for that item says so), and an accessory that cannot be cleaned, such as one with permanent stains, marker, ink or dye, is not eligible. Any item shipped to us that is not listed as a buyable item on the Site will be treated as donated to HitGaming for recycling or disposal at our discretion, with no separate payout.

Ineligible items. The following are not accepted for purchase under any circumstance, and shipping them to us is at your sole risk: rentals; promotional or "Not for Resale" copies; demo or kiosk discs; bootleg, repro, or counterfeit cartridges and discs; water-damaged, mold-affected, or smoke-saturated items; items with biohazard contamination; items subject to a third-party lien or police hold; and any item we are legally prohibited from purchasing.

5.6 Functional requirement

All games and consoles must boot and play through properly to qualify for the Locked Quote. Items that do not boot, freeze during play, crash, fail to read media, or otherwise do not perform their intended function do not qualify for payout. See Section 7.

Detailed per-platform condition rules and deduction schedules are published on the Condition Guidelines page and are incorporated into these Terms by reference. We may update those rules from time to time; the rules in effect at the time we inspect your shipment govern.

6. Right of Refusal, Revised Offers, and Returns

HitGaming reserves the absolute right, in its sole and reasonable discretion, to:

• Decline any item that does not match the condition you declared at checkout;
• Decline any item that arrives damaged, smoke-saturated, counterfeit, non-NTSC region, or otherwise outside our published acceptance criteria;
• Issue a revised offer reflecting the actual condition of the item; or
• Reject an entire shipment if it contains items that are stolen, counterfeit, hazardous, or grossly misrepresented.

If we issue a revised offer or decline an item, you will be notified by email and given a response window of seven (7) calendar days from the time we send the revised-offer email (the decision window). Each reduced or declined item is decided individually; there is no option to accept or return an order as a whole. During that window, for each such item, you may:

• Accept the revised amount for that item, in which case we will issue payment per Section 9; or
• Request that the item be returned to you, under our return-shipping policy in Section 6.1 below.

Payout is not issued until every reduced or declined item on the order has been decided. If you do not respond within the seven (7) day decision window, reduced items are paid at the revised amount and declined items are retained by HitGaming, with no payment due for them. This outcome is stated on your order page and in the notification email before the response window begins.

Where you decline the return of an item we were unable to purchase, HitGaming may dispose of that item and no payment is due for it.

6.1 Who pays return shipping

We only send an item back when it isn't as described: it doesn't work, it is defective or damaged (for example a cracked disc, case or shell, even if it still works), or its condition, contents or version don't match what you selected. Except as these Terms otherwise provide (for example Sections 6, 8.4 and 10), an item that matches your description is bought at the quoted price and is never sent back. Return shipping on any item we send back is yours to pay, because you can check every game, console, handheld and accessory before you ship it; our condition guidelines show what we check.

One flat return-postage charge applies to each return shipment (charged once per shipment, not once per item), and it is deducted from your payout.

Where your payout does not cover the return postage, we'll email you the postage cost (no markup) and offer two ways to pay:

• Pay the postage quote via the payment link in our email. Once the payment clears, we ship.
• Deduct postage from your payout balance, if your order still has a positive balance from items we did accept. We'll send a revised payout statement showing the deduction and ship as soon as you confirm.

If you do not respond within the seven (7) day decision window, you are deemed to have accepted the revised offer. If you ask for an item to be returned and then do not pay or authorize the return postage within seven (7) days after we email you the return-postage notice (a separate return-postage window), the affected items will be deemed abandoned and may be recycled, refurbished, or disposed of at our discretion at no compensation to you.

6.2 Auto-accept after no response

If we send you a revised-offer email and you do not Accept or Request Return within seven (7) calendar days, the revised offer is automatically accepted and payout proceeds at the revised amount. We send a reminder email approximately twenty-four (24) hours before the auto-accept deadline to reduce the risk of a missed message. The 7-day clock is measured from the timestamp we send the revised-offer email, not the time you open it. By checking the Returns Policy acknowledgement box at checkout you agree to this auto-accept process.

6.3 Abandoned items

If you ask for an item to be returned and do not pay or authorize return shipping within seven (7) calendar days after we email you the return-postage notice, the affected items are deemed abandoned and may be recycled, refurbished, donated, or otherwise disposed of at HitGaming's sole discretion at no compensation to you. HitGaming is not obligated to store unclaimed items beyond this period.

6.4 Bulk collection offers

A bulk offer is a single price for a collection as the seller described it. We inspect every item when the shipment arrives. If any game, console or accessory is defective or not as described, we may reduce the offer for that item and will show the seller each change, with photos, before it is final. For each reduced or declined item, the seller may accept the revised amount or ask for the item to be returned. Who pays return shipping follows Section 6.1: an item is only sent back when it isn't as described, and the seller pays the return postage. If the seller does not respond within seven (7) calendar days of our revised-offer email, reduced items are paid at the revised amount and declined items are retained by HitGaming with no payment due (Section 6 and Section 6.2). Where the seller authorizes disc refurbishment, a repaired item that works is not reduced for the fault that was repaired.

7. Functional Requirement and Defective Items

Every game disc, cartridge, console, and handheld submitted must boot and play through properly — please power each item on and check it before you ship. Items that fail this test are considered "Non-Functional" and do not qualify for the Locked Quote. For Non-Functional items we may, in our discretion:

• Pay a reduced "salvage" amount, if any, based on parts value;
• Pay $0 and recycle or dispose of the item at no compensation to you; or
• Return the item under our Returns Policy in Section 6.

Because you can test every item before you ship it, return shipping for a Non-Functional item is yours to pay under Section 6.1, whether the fault was obvious, intermittent, or found only on longer testing.

7.1 Save batteries

Some cartridges, including many Game Boy, Game Boy Color, NES, Super Nintendo, Nintendo 64 and Sega Genesis games and some Game Boy Advance games, contain a soldered coin-cell battery that keeps saved games or the in-game clock. These games are marked on their listing on our Site. We test the battery in every such item we receive. If the battery is dead, we replace it by soldering in a new battery so the game saves correctly, and we deduct the save battery charge shown for that game at the time of your order (a fixed amount, or a percentage of that item’s price) from that item’s payout. Saved games stored on a dead battery cannot be recovered. The deduction is shown to you as a revised offer for that item under Section 6: you may accept it, or ask for the item back, with return shipping under Section 6.1.

8. Pricing and Locked Quotes

8.1 Live pricing

Prices shown on the Site reflect live market data and our current buy demand. Prices can change at any time, including while items are in your cart, until you complete checkout.

8.2 Locked Quote

The per-item price displayed on your confirmed order is the "Locked Quote" for that order and is honored, subject to Sections 6 and 7, provided your shipment is dropped off with the carrier within the 14-day window described in Section 10.3 and the items arrive in the declared condition.

8.3 Market drops

If a market drop occurs before your shipment arrives, we honor the Locked Quote. If a market rise occurs, we are not obligated to pay above the Locked Quote, though we may do so in our discretion.

8.4 Errors

Pricing errors caused by data entry mistakes, feed errors, software bugs, or attempted exploits of our pricing system are not binding on HitGaming. We reserve the right to cancel any order or correct any Locked Quote that resulted from a manifest pricing error.

8.5 Price-Match Offers

Our "Price-Match Promise" is a discretionary courtesy, not a guarantee. When you submit a competing offer, we will review it and do our best to beat or match it, but we do not promise to match or beat any offer and may decline for any reason or no reason.

To be considered, you must submit a genuine, current, and verifiable quote for the same or comparable item(s) from a legitimate, comparable service that buys games, including a clear screenshot (and, where the screenshot does not list every item, an itemized list) showing the competitor and the offered price. Offers that are expired, altered, fabricated, screenshots that do not clearly show the price, offers from non-comparable sources (for example private sales, auction or marketplace "asking" listings, or trade-in credit rather than cash), or offers we cannot reasonably verify, do not qualify.

Submitting a falsified, doctored, or misrepresented competing offer voids any price-match consideration and is treated as misrepresentation under Section 12.

Any counter-offer we send is a quote, not a guaranteed payout. It expires on the date stated in the offer (typically seven (7) days), is non-binding until you accept it, and — once accepted — creates a sell order governed by these Terms in full, including inspection on arrival (Section 4), the Functional Requirement (Section 7), and our Right of Refusal, Revised Offers, and Returns (Section 6). Final payout is confirmed only after we receive and inspect your items. If the items you ship differ from what you described or itemized, or do not meet the declared condition, we may revise or withdraw the offer and the standard revised-offer and return process in Sections 6 and 8 applies.

8.6 Bonuses and Promotions

8.6.1 Rules for every bonus

From time to time we run bonuses that add an extra percentage to what we pay you. The bonuses we offer are described in this Section. A bonus described here is not always running. A bonus applies to your order only if it was running when you placed the order. When a bonus is running and your order qualifies, it is shown on the site and applied at checkout. There is no code to enter. Some bonuses must first be turned on for your account (Section 8.6.3).

Every bonus runs for a set time. Each bonus has a start and an end date and time, shown on the site wherever the bonus is offered. To get a bonus, your order must be placed (checkout completed) after the start and before the end. An order placed in time keeps its bonus even if we receive or inspect it after the end. When a bonus ends, it no longer applies to new orders, even if you turned it on for your account. We may run a bonus again later with new dates.

One bonus per order. If your order qualifies for more than one bonus, we pay only the one worth more to you. Bonuses are never added together.

The percentage that applies to your order is the percentage shown when you place it. Changing or ending a bonus later does not alter an order that has already been placed.

A bonus is paid on the items we actually buy, as its own line on your payout. If an item is rejected at inspection, or you ask for an item back, the bonus is recalculated on what remains, in the same way the rest of your payout is. Section 6 governs rejections and returns.

A bonus does not apply to shipping or to optional shipping insurance, and it does not count toward the order value required for a free shipping label or for insurance eligibility. Bonuses do not apply to bulk collection offers (Section 6.4) or price-match offers (Section 8.5).

We may start, stop or change any bonus, its percentage, or the items it covers at any time. We may decline a bonus on an order where the account or its orders appear to have been created to claim it more than once, including multiple accounts operated by the same person or household, or where an item appears to have been described in a way meant to qualify for a bonus it does not meet.

8.6.2 First Order Bonus

The First Order Bonus applies to one order per account, and only to the first order on that account that is not cancelled. It is calculated on the value of the items in that order. If that order receives a different bonus instead, such as the Console Bonus, it still counts as your first order.

8.6.3 Console Bonus

When you sell us a console, the Console Bonus adds an extra percentage to the games in the same order. It is not paid on the console itself, on accessories, or on any other item. The console is paid at its normal offer.

The Console Bonus must be turned on for your account before you place the order. You can turn it on when you add a console or on My Account. It stays on for all your orders until you turn it off or the promotion ends. If we run it again with new dates, you need to turn it on again.

At least one console in the order must be free of cosmetic and functional defects. That means nothing that takes money off can be ticked on the console's card when you check out, and our inspection finds no defect, missing part or fault. If no console in the order meets this after inspection, the Console Bonus is removed. If your order also qualifies for the First Order Bonus, that bonus then applies instead.

8.6.4 Platform Bonuses (such as Retro Month)

A platform bonus adds an extra percentage to games for the systems named with it on the site while it runs. For example, during Retro Month it covers games for the NES, Super Nintendo, Nintendo 64, GameCube, Wii, PlayStation 2 and original Xbox. It is not paid on consoles, on accessories, or on games for any other system. Those items are paid at their normal offer.

A platform bonus applies automatically. There is nothing to turn on. If a minimum order is shown with it, your order must be worth at least that amount when you place it, counted the same way as the order value for a free shipping label (a bonus never counts toward that amount, Section 8.6.1). If your order meets the minimum when you place it, the bonus is paid on the qualifying games we actually buy, even if inspection or returns later bring the order under the minimum.

A price shown with a line through it next to a higher price shows our normal offer and the offer with the platform bonus added. The bonus is paid as its own line on your payout, as Section 8.6.1 describes, and only when it is the bonus your order receives.

8.6.5 Other promotions

Any other bonus or promotion we run follows Section 8.6.1, plus any conditions shown with it on the site while it runs.

9. Payouts

9.1 Methods

Approved payouts are issued by the method you select: PayPal, Venmo, electronic check (eCheck), or a mailed paper check. A mailed check is printed and sent by our check provider by USPS First Class to the name and mailing address you give us for it; HitGaming does not charge for this. If you choose eCheck and prefer paper, you may ask our e-check provider to print and mail your eCheck to you after it has been issued, also at no charge. We do not offer store credit, wire transfer, or cryptocurrency payouts at this time. You are responsible for providing accurate payout details: your PayPal email address, the mobile number or username of your Venmo account, your eCheck email address, or, for a mailed check, the payee name and a current US mailing address. At checkout you are required to type your payout details twice, or to confirm the mailing address you entered. Payouts sent to incorrect payout details that you supplied are not the responsibility of HitGaming and will not be reissued.

9.2 Timing

Payouts are issued promptly after inspection is complete and any revised-offer response window under Section 6 has closed. Electronic payouts normally appear shortly after they are issued; for a mailed check, or an eCheck you ask our e-check provider to print and mail, ordinary postal delivery times apply (usually 5 to 10 business days). Current turnaround times are published on our FAQ page. Those figures are estimates based on normal operating conditions, not guarantees, and they do not form part of these Terms.

9.3 Disputes

Any dispute over a payout must be raised in writing to sell@hitgaming.com within thirty (30) days of the date we marked the order as paid. After thirty days, payouts are deemed final and not subject to dispute, except where applicable law requires otherwise.

9.4 No recourse for Non-Functional items

For the avoidance of doubt, you have no recourse against HitGaming with respect to items that fail the functional requirement in Section 7 or that arrive in a condition materially different from what you declared, beyond the options offered in Section 6.

9.5 Taxes

You are solely responsible for reporting payouts received from HitGaming to the appropriate tax authorities and for any tax owed on those amounts.

10. Shipping

10.1 Carrier

HitGaming provides a prepaid ground label from one of the carriers we work with — USPS (Ground Advantage) or UPS (Ground or Ground Saver) — chosen by us for each package. Use of any other carrier or service on a prepaid-label order requires our prior written consent. By accepting a prepaid label from us, you agree to the terms of service of the carrier printed on it, in effect at the time of mailing: www.usps.com or www.ups.com.

10.2 Label use

The prepaid shipping label we provide may only be used to ship the exact contents of the corresponding order to HitGaming. Using a label for any other purpose - including, without limitation, shipping unrelated personal items, reselling the label, or forwarding the label to a third party - is fraud and may result in legal action, account termination, and recovery of carrier charges.

10.3 14-day use window

Every prepaid label must be used (i.e., receive a first carrier scan) within fourteen (14) calendar days of checkout (the day you placed your order). If the label is not scanned within seven days you will receive a reminder email. If still unscanned at fourteen days, the order is automatically cancelled, the Locked Quote is void, and the label is voided. You may request a new label by placing a new order at then-current pricing.

10.4 Stalled tracking

If your package's tracking shows no movement for seven (7) days after the first scan, you will receive a reminder to check on it with the carrier. If there is still no movement at twenty-one (21) days, the package may be treated as lost in transit and the order resolved under Sections 10.6 and 10.7.

10.5 Non-contiguous addresses (Alaska, Hawaii, US territories, military)

Our prepaid labels are not offered outside the contiguous Lower 48. Sellers in Alaska, Hawaii, Puerto Rico, the US Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and military APO/FPO/DPO addresses must ship at their own expense using any carrier of their choice. HitGaming will not provide a prepaid label and will not reimburse postage for these shipments. Everything else about the sale (quote, inspection, payout) operates the same.

10.6 Insurance

Every prepaid label we issue includes $100 of carrier liability coverage at no additional cost. At checkout you may purchase additional shipping insurance (provided through our shipping platform’s insurance program), priced from the published USPS insurance rate table, up to a maximum declared value of $5,000. For shipments on a HitGaming-provided prepaid label, HitGaming files any required insurance claim and, upon successful claim resolution, pays you the lesser of the insured amount or your final quoted payout. For non-contiguous or self-ship orders, the seller is responsible for filing the carrier claim and providing tracking and receipt documentation.

10.7 Lost or damaged shipments

HitGaming is not liable for shipments lost or damaged in transit beyond the insured amount actually recovered from the insurer. We will cooperate in good faith with claim documentation but make no guarantee of claim outcome. Damage caused by inadequate packing is not covered by shipping insurance and is the sole responsibility of the seller. If your Locked Quote is over $100 and you decline additional insurance at checkout, you acknowledge at checkout that the most that can be recovered if the package is lost or damaged in transit is the carrier’s $100 default coverage, and that you accept responsibility for any loss or damage beyond that amount. The date, time and wording of that acknowledgement are kept with your order.

10.8 Packing

You are responsible for packing items securely in accordance with the guidance published on the Packing & Shipping Guide page. Items damaged in transit due to inadequate packing may be treated as Non-Functional under Section 7 or rejected under Section 6, and carrier insurance may be voided.

10.9 Repeated abuse

Repeated failure to use issued labels, repeated stalled-tracking events, or a pattern of generating labels and not shipping may result in permanent suspension of your ability to use the Services and recovery of carrier or processing fees we incur. Orders you cancel properly under Section 4.1 are not counted for this purpose.

10.10 Voided labels

HitGaming may void a prepaid label at any time, including but not limited to cancellation of the underlying order, expiration of the 14-day use window under Section 10.3, suspected fraud, repeated stalled-tracking events under Section 10.9, or operational reasons such as a label reissue with corrections.

Once a label is voided, it must not be used. A voided label is no longer valid postage. If a seller attempts to ship a package against a voided label and the carrier nonetheless scans, transports, and / or delivers the package, the seller acknowledges and agrees that:

• The shipment is not covered by the prepaid-label workflow described in Sections 10.1-10.6;
• HitGaming may treat the inbound package as an unsolicited shipment and is under no obligation to inspect, accept, store, return, or pay for the contents;
• HitGaming will not reimburse the seller for any postage, packing materials, insurance, or other costs incurred in shipping against a voided label;
• Any value claimed for items in the package is forfeit; the Locked Quote (Section 8.2) is voided together with the label and does not apply;
• Return shipping (if HitGaming elects to return the package as a courtesy) is at the seller's expense and is not reimbursed.

HitGaming monitors for shipments made against voided labels and reserves the right to treat such activity as a material breach of these Terms, including potential permanent suspension of your ability to use the Services under Section 10.9.

10.11 Sell orders under $50

A free prepaid label is provided only where the Locked Quote is $50.00 or more and the origin address is in the contiguous Lower 48 (see Section 10.5 for non-contiguous addresses). Where the Locked Quote is under $50.00, HitGaming does not provide a prepaid label and you ship the order at your own expense. There is no option to use a HitGaming label on such an order.

On these orders: no postage is deducted from your payout, and no postage is credited or reimbursed. You may use any carrier you choose. You must provide a valid tracking number using the tracking link on your order page, and you bear all risk of loss or damage in transit — HitGaming's carrier insurance and the claim handling described in Section 10.6 do not apply to self-shipped packages. Everything else about the sale (quote lock, inspection, payout) operates the same as any other order.

10.12 Sellers in Canada

(a) Self-ship. Orders from Canada are shipped by you, with any carrier, at your own expense. HitGaming does not provide prepaid labels. Postage is your responsibility unless HitGaming has made other arrangements with you in writing.

(b) Duties and import charges. You are the shipper and are responsible for all US import duties, tariffs, taxes, customs, brokerage and carrier fees. Your package must arrive duties paid. If HitGaming is charged any amount to receive your package, we will deduct it from your payout. If those charges exceed your payout, we may refuse the package.

(c) Customs declaration. You must declare the shipment accurately as a sale, at the amount we are paying you, with the correct country of origin for each item. Packages held, delayed, returned or seized by customs or a carrier are your responsibility, and items seized as counterfeit are not paid for.

(d) Tracking. You must add the carrier and tracking number to your order page within 14 days of checkout. Once tracking is added there is no shipping deadline. If no tracking is added, we will contact you and may cancel the order.

(e) Payment. Payouts to sellers in Canada are made by PayPal in US dollars. Currency conversion and any fees charged by PayPal or your bank are your responsibility.

(f) Returns. Items we can't buy because they aren't as described can be returned at your cost. We will quote the return postage. If it is not paid within 7 days, the items are recycled and no payment is made for them.

11. Shipping Items With Batteries

By shipping any battery-containing device to HitGaming, you represent, warrant, and acknowledge that:

• You will package the device in accordance with all applicable USPS, UPS, FedEx, and US Department of Transportation battery-shipping rules in effect at the time of shipment;
• You will not ship any device with a visibly swollen, leaking, damaged, or punctured battery;
• You will install batteries in their original device (not loose) and will protect terminals against short circuit;
• You are solely responsible for any fines, penalties, damages, injuries, fires, or other losses arising from Battery Items you ship in violation of these rules;
• You will indemnify HitGaming for any such fines, penalties, damages, or losses as further described in Section 16.

HitGaming may, in its sole discretion, reject, recycle, or dispose of any Battery Item that arrives damaged, leaking, swollen, or improperly packaged, at no compensation to you.

11.1 Prepaid ground label and Battery Shipping Kit (Lower 48)

If any item in your order is a Battery Item, the entire order is a Battery Item order. For Battery Item orders with a Locked Quote of $50 or more shipping from a contiguous US (Lower 48) address, HitGaming provides a free prepaid UPS Ground label, made available the same way as any other prepaid label (Section 4): you submit the packed box’s weight and dimensions on your order page and the label is then available for download there. Battery Item orders ship by ground service only; HitGaming will not issue, and you may not use, any air or expedited service for a Battery Item order.

Together with the label HitGaming provides a one-page Battery Shipping Kit containing packing instructions and the US DOT lithium battery mark for your package. By using the prepaid label you agree that you will: (i) read the Kit before sealing the box; (ii) print the mark at actual size, cut it out and attach it flat to the largest side of the package, next to the shipping label, with its edges taped and its face uncovered; (iii) pack the device powered fully off, protected so it cannot switch on or be crushed, with its battery installed in the device and any removable AA/AAA batteries removed; (iv) ship the order in a single box; and (v) hand the package to UPS at a staffed UPS location or to a UPS driver. Battery Item packages may not be placed in unattended drop boxes and may not be given to any carrier other than the one named on the label.

The prepaid label is for the order it was issued for and nothing else. A Battery Item package that arrives without the mark, improperly packed, or carrying a device with a swollen, leaking, damaged or punctured battery may be refused, recycled or disposed of under this Section 11, and you remain responsible under Sections 11 and 16 for any carrier fine, penalty or loss that results from how you packed, marked or tendered the package.

11.2 Battery Item orders that ship at your own expense

11.2(a) Lower 48, Locked Quote under $50. HitGaming does not provide a prepaid label and you ship the order at your own expense, as for any other order under $50 (Section 4). Battery Item orders must still travel by ground service only (UPS Ground or USPS Ground Advantage), tendered at a staffed carrier counter — never an unattended drop box — and packed and marked in accordance with the carrier’s lithium-battery rules in effect at the time of shipment. HitGaming will send you the Battery Shipping Kit on request. No postage is credited or reimbursed, and you bear all risk of loss or damage in transit (Section 10.11).

11.2(b) Alaska, Hawaii and US territories. HitGaming does not provide prepaid labels for Battery Item orders shipping from outside the contiguous United States. You ship the order at your own expense with a carrier and service that accepts lithium batteries contained in equipment from your location, packed and marked in accordance with that carrier’s rules, and you upload your tracking number on your order page. No postage is credited or reimbursed.

11.3 Changes to this policy

HitGaming may change the carriers, services, thresholds or materials described in this Section 11 at any time. The policy in effect at the time you submit an order governs that order. Battery Item orders placed before September 13, 2026 remain subject to the self-ship and postage-reimbursement terms that applied when they were placed.

12. Stolen or Misrepresented Goods

HitGaming has zero tolerance for stolen goods, counterfeit items, or fraudulent submissions. Submitting an item in breach of the certifications in Section 2 — an item you do not own or are not authorized to sell, an item subject to a lien or claim, a counterfeit or reproduction, or an item not lawfully obtained — is a material breach of these Terms. If we have a reasonable, good-faith belief that any item submitted to us is stolen, counterfeit, subject to a third-party lien, or otherwise illegally offered for sale, we may, in our sole discretion:

• Withhold any pending payout indefinitely;
• Refuse to return the items to you;
• Surrender the items and any associated account information to law enforcement, retailers, or rightful owners; and
• Cooperate fully with law enforcement, including by sharing your name, address, email, IP address, payout handles, photographs of submitted items, and shipping records.

You waive any claim against HitGaming arising from action we take in good faith under this Section.

13. Intellectual Property and User Content

13.1 Site content

All content on the Site - including the database of game titles, condition definitions, deduction schedules, page text, graphics, layouts, code, logos, and product images - is owned by HitGaming or licensed to HitGaming and is protected by US and international intellectual property laws. You may not copy, scrape, reproduce, redistribute, modify, or create derivative works from any Site content without our prior written consent. Game titles, cover art, and trademarks belonging to publishers and platform holders are used under fair use or applicable license and remain the property of their respective owners.

13.2 User submissions

If you submit photographs, comments, descriptions, or other content to the Site or to us by email in connection with an order ("User Content"), you grant HitGaming a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, display, and distribute that User Content in connection with the Services and our business operations, including for fraud prevention, inspection records, marketing, and listing the items for resale. You represent and warrant that you own or have the necessary rights in all User Content you submit.

13.3 No reverse engineering

You may not reverse engineer, decompile, scrape, or use automated systems against the Site without our prior written consent.

13.4 PriceBot photo scanning

What it is. PriceBot is an optional tool that reads a photograph of your games and suggests matching titles and prices from our catalog.

How your photo is handled. When you use PriceBot, the photograph you upload is sent to a third-party artificial-intelligence provider for the sole purpose of reading the titles in it. We keep the photograph and the resulting list on our servers, in your account, for 90 days, so you can check what you were quoted, after which they are deleted automatically. While they are stored, HitGaming staff can view your photographs and scan results — for example to check a quote, help with a question, or investigate a dispute. The license in section 13.2 applies to photographs submitted to PriceBot whether or not you go on to place a sell order.

It is a suggestion, not a quote. PriceBot is automated and it makes mistakes. It can misread a title, choose the wrong version or edition of a game, or list something that is not in your photograph. You are responsible for checking every line before adding it to your cart, and you confirm that you have done so before anything is added. Nothing PriceBot produces is a binding offer, and prices shown by it are not locked (see section 8).

Fair use. Reading photographs costs us money for every scan. PriceBot is provided free to account holders subject to a usage limit, which we may set, raise, or lower per account at our discretion. We may suspend or withdraw access to PriceBot from any account that uses it substantially without placing sell orders, or that uses it in a way we reasonably consider abusive or automated. Suspending PriceBot does not affect your ability to sell to us by searching for titles in the ordinary way.

13.5 Price My List

What it is. Price My List is part of PriceBot. Signed-in sellers can upload a list of games (an Excel, CSV or text file, or a pasted list) and see our current buy prices for each line. The results are suggestions, not a quote: the same rules as PriceBot apply, you are responsible for checking every line before adding it to your cart, and prices are not locked until the items are in your cart (see section 8).

Fair use. Price My List is provided free to signed-in sellers, subject to a number of item lookups per account that we may set, raise, or lower at our discretion. We may restrict the price lookups of any account that only looks up prices without creating sell orders, and we may suspend or turn off Price My List for any account at our discretion if we reasonably believe it is being abused, used to collect our prices, or used in an automated way. Restricting Price My List does not affect your ability to sell to us by searching for titles in the ordinary way.

14. Disclaimer of Warranties

15. Limitation of Liability

16. Indemnification

17. Termination

HitGaming may suspend, restrict, or terminate your access to the Site, any account, or any pending order at any time, for any reason or for no reason, with or without notice, including for suspected violations of these Terms. Termination does not relieve you of any obligation incurred before termination, and Sections 7, 9.4, 12, 13, 14, 15, 16, 19, 20, and any other provision that by its nature should survive termination will survive termination of these Terms.

You may stop using the Services at any time. Simply stopping use does not by itself cancel a pending order, the payout obligations of either party, or any liability you have to HitGaming under these Terms. To cancel an eligible pending order, use the cancellation process described in Section 4.1.

18. Changes to These Terms

HitGaming may modify these Terms at any time. When we do, we will update the Effective Date and Last Updated line at the top of this page and post the revised Terms on the Site. Material changes will be highlighted on the Site or communicated to you by email where reasonably practicable. Your continued use of the Site or Services after revised Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

19. Binding Arbitration and Class Action Waiver

19.1 Informal resolution

Before filing any arbitration demand, you agree to first contact HitGaming at sell@hitgaming.com with a written description of the dispute, the relief sought, and your contact information, and to negotiate in good faith for at least sixty (60) days to resolve the dispute informally.

19.2 Binding arbitration

Except for the carve-outs in Section 19.5, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services - whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory - shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The AAA Rules and a copy of the demand-for-arbitration form are available at www.adr.org or by calling the AAA at 1-800-778-7879.

19.3 Location and procedure

Arbitration shall be conducted by a single neutral arbitrator. The arbitration will take place in the federal judicial district of your residence, or by telephone or video at the arbitrator's discretion for claims under $10,000. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, not any court, has exclusive authority to resolve disputes about the formation, scope, or enforceability of this arbitration agreement.

19.4 Class action waiver

YOU AND HITGAMING EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate claims of multiple persons, may not preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide that party with the relief warranted by the party's individual claim. If a court determines this class action waiver is unenforceable as to any particular claim, then that claim (and only that claim) shall be severed and brought in court, and the remainder of this Section will remain in full force.

19.5 Carve-outs

Notwithstanding the foregoing, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction, or (b) seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized access to the Services.

19.6 Opt-out

You may opt out of this arbitration agreement by sending written notice to sell@hitgaming.com with the subject line "Arbitration Opt-Out" within thirty (30) days of first agreeing to these Terms. Your notice must include your full name, address, email used with the Site, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not opt you out of any other provision of these Terms.

20. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law principles, and by applicable federal law of the United States. Subject to the binding arbitration provisions in Section 19, you and HitGaming agree that any judicial proceeding (other than small-claims actions) shall be brought exclusively in the state or federal courts located in Todd County, Kentucky, and you consent to the personal jurisdiction and venue of those courts.

21. Miscellaneous

21.1 Entire agreement

These Terms, together with our Privacy Policy and any order-specific terms presented at checkout, constitute the entire agreement between you and HitGaming regarding the Site and Services, and supersede any prior or contemporaneous understandings, communications, or agreements.

21.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in full force and effect.

21.3 No waiver

HitGaming's failure to enforce any provision of these Terms is not a waiver of that or any other provision. No waiver is effective unless in writing and signed by an authorized representative of HitGaming.

21.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. HitGaming may assign or transfer these Terms, in whole or in part, without restriction.

21.5 Force majeure

HitGaming is not liable for any delay or failure in performance caused by events outside our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disorder, labor disputes, government actions, carrier delays or failures, payment-processor outages, internet or utility failures, or other force majeure events.

21.6 Notices

Notices to you may be sent to the email address associated with your order or account. Notices to HitGaming must be sent to sell@hitgaming.com.

21.7 Headings

Section headings are for convenience only and do not affect interpretation.

21.8 Relationship of the parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and HitGaming. You are an independent seller dealing with HitGaming at arm's length.

22. Contact

For questions about these Terms or our Services, contact:

Effective Date and Last Updated: November 11, 2026