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Terms of Service

Next Game Performance

Terms of Service

Next Game Performance LLC
Last Updated: [05/19/2026]
Website: nextgameperformance.com

These Terms of Service govern purchases, preorders, promotional launch orders, component sales, custom build orders, diagnostics, repairs, services, website use, and related transactions with Next Game Performance LLC.

By using this website, placing an order, submitting payment, checking any required agreement box, or otherwise purchasing from Next Game Performance LLC, you agree to these Terms of Service, the Returns & Refunds Policy, the Privacy Policy, and any product-specific disclosures shown before checkout.

If you do not agree to these terms, do not place an order.

1. Business Overview

Next Game Performance LLC is a Pennsylvania-based computer hardware and custom PC business focused on performance components, custom gaming PCs, diagnostics, repairs, and related services.

Some products may be sold as part of limited promotional launches, preorder-style allocations, supplier-based fulfillment, or special pricing events.

Because certain promotional prices depend on supplier availability, distributor allocation, and limited inventory, some orders may require sourcing after checkout.

2. Customer Responsibility Before Ordering

Customers are responsible for reviewing the full product listing before placing an order.

Before submitting payment, customers should review:

  1. Product title
  2. Product description
  3. Hardware status
  4. Packaging disclosure
  5. Included items
  6. Estimated shipping or processing timeline
  7. Final sale language
  8. Return and refund policy
  9. Terms of Service
  10. Any checkout acknowledgment or agreement box

By placing an order, the customer confirms that they had the opportunity to review the product listing, checkout disclosures, and policies before payment was submitted.

3. Promotional Launch Orders and Preorder-Style Allocation Orders

Some products may be offered as promotional launch orders, preorder-style allocation orders, limited supplier allocation orders, or special pricing events.

These orders may involve sourcing, reserving, securing, or allocating hardware through suppliers, distributors, or fulfillment partners after the customer submits payment.

Because funds may be committed shortly after checkout to secure customer-specific inventory, promotional launch orders and preorder-style allocation orders are final sale once placed, except where required by law or where an exception applies under these Terms.

Examples that do not qualify for cancellation or refund include:

  1. Buyer’s remorse
  2. Finding a lower price after ordering
  3. Changing your mind after purchase
  4. No longer needing the item
  5. Wanting a different brand or model after checkout
  6. Not understanding OEM, bulk, or distributor packaging after accepting the checkout disclosure
  7. Customer ordering mistakes
  8. Compatibility issues that were not confirmed before purchase
  9. Personal financial hardship after payment is submitted
  10. Delays that are within the disclosed processing or fulfillment timeline

This policy does not remove any rights that cannot legally be waived.

If Next Game Performance LLC cannot fulfill an order, ships the wrong item, or the item is materially not as described, the issue will be reviewed under these Terms, the Returns & Refunds Policy, and applicable law.

4. OEM Packaging, Bulk Packaging, and Distributor Packaging

Some products sold by Next Game Performance LLC may arrive in OEM packaging, bulk packaging, distributor packaging, tray packaging, plain packaging, or other non-retail packaging.

OEM or distributor packaging may not include the same retail box, printed materials, accessories, promotional inserts, marketing materials, or presentation items that a customer might receive from a major retail store.

Unless a product listing specifically states otherwise, customers should assume promotional launch hardware may arrive in OEM, bulk, distributor, or non-retail packaging.

The product listing controls what is included.

By placing an order, the customer acknowledges that:

  1. OEM or distributor packaging is not the same as retail packaging
  2. Retail boxes may not be included
  3. Retail accessories may not be included unless listed
  4. Printed manuals may not be included unless listed
  5. Product presentation may differ from major retail packaging
  6. Packaging differences do not make the product defective if the item is otherwise authentic, functional, and as described

If retail packaging, a specific box, or specific accessories are required, the customer must contact Next Game Performance LLC before placing an order.

5. Brand, Model, and Hardware Allocation

Some product listings may advertise a hardware class, chipset, GPU tier, CPU model, storage capacity, memory capacity, or performance category rather than guaranteeing a specific manufacturer, cooler design, board partner, packaging type, or exact retail SKU.

For example, a product listed as an AMD Radeon RX 9070 XT means the customer is purchasing that hardware class or equivalent advertised specification. Unless the listing specifically guarantees a manufacturer, model number, cooler design, or retail SKU, Next Game Performance LLC may fulfill the order with an authorized compatible model that meets the advertised core specification.

Brand-specific or model-specific requests may be submitted before ordering, but they are not guaranteed unless confirmed in writing by Next Game Performance LLC before payment is submitted.

If a customer requires a specific manufacturer, exact model, color, cooler design, retail box, serial range, or accessory bundle, the customer must confirm availability in writing before ordering.

6. Pricing, Taxes, Fees, and Promotional Rates

Prices shown on the website may change at any time before an order is placed.

Promotional prices, launch prices, preorder prices, and discounted prices may be limited by supplier availability, quantity, timeframe, payment processor costs, shipping costs, and inventory allocation.

Once an order is placed, the customer agrees to the pricing and checkout terms shown at the time of purchase.

Next Game Performance LLC is not required to provide retroactive refunds, price adjustments, price matching, or partial credits if a product price changes after purchase.

Any applicable taxes, payment processing fees, shipping charges, insurance charges, or other checkout fees will be shown before payment is submitted.

7. Payment Authorization and Supplier Commitment

By submitting payment, the customer authorizes Next Game Performance LLC and its payment processor to charge the payment method provided.

For promotional launch orders, preorder-style orders, special allocation orders, and supplier-dependent orders, customer funds may be committed shortly after checkout toward sourcing, reserving, allocating, processing, or fulfilling the customer’s order.

Once funds are committed toward supplier allocation or fulfillment, cancellation may not be available unless required by law or unless Next Game Performance LLC cannot fulfill the order.

8. Shipping, Processing, and Fulfillment Timeline

Next Game Performance LLC makes a good faith effort to process and ship orders as quickly as reasonably possible.

Unless a product listing states a different timeline, promotional launch orders and supplier-dependent orders typically ship within 7 business days after payment is accepted. Processing may take longer depending on supplier availability, inventory allocation, payment review, fraud screening, carrier delays, weather delays, holiday volume, address verification, or other fulfillment conditions.

If Next Game Performance LLC cannot ship within the stated timeframe, Next Game Performance LLC may contact the customer with an updated timeline and request consent to the delay, offer a comparable substitution where appropriate, or cancel and refund the unshipped order where required.

Shipping timelines are estimates unless expressly stated as guaranteed in writing.

Delivery dates are not guaranteed unless specifically stated in writing.

9. Customer Consent to Delays

If an order requires additional time beyond the stated processing or shipping window, Next Game Performance LLC may notify the customer using the contact information provided at checkout.

The customer may be asked to consent to the updated timeline.

If required by law, and if the customer does not consent to the delay, Next Game Performance LLC may cancel and refund the unshipped order.

Customers are responsible for providing accurate contact information and monitoring their email, phone, or account messages for order updates.

10. Delivery, Tracking, and Risk of Loss

Orders may be shipped using insured delivery when applicable.

Tracking information will be provided when available.

Customers are responsible for providing a complete, accurate, and secure shipping address at checkout.

Next Game Performance LLC is not responsible for delivery issues caused by:

  1. Incorrect address information
  2. Missing apartment, unit, or suite numbers
  3. Customer relocation
  4. Refused delivery
  5. Failure to retrieve a delivered package
  6. Inaccessible delivery locations
  7. Theft after carrier-confirmed delivery
  8. Carrier delays outside the direct control of Next Game Performance LLC

If a package is lost or damaged in transit, the customer must contact Next Game Performance LLC promptly so that the issue can be reviewed and, where applicable, a carrier claim can be started.

11. Hardware Status and Authenticity

Unless otherwise stated in the product listing, hardware sold by Next Game Performance LLC is represented as authentic and functional at the time of sale.

Product condition will be disclosed in the listing where applicable.

Possible product statuses may include:

  1. New
  2. Brand new in OEM packaging
  3. Brand new in bulk packaging
  4. Brand new in distributor packaging
  5. Open box
  6. Used
  7. Refurbished
  8. Tested working
  9. As described in the listing

The specific product listing controls the applicable condition and disclosure for that item.

12. Compatibility Responsibility

For component-only sales, the customer is responsible for confirming compatibility before purchase.

This includes, but is not limited to:

  1. Motherboard compatibility
  2. CPU socket compatibility
  3. BIOS version requirements
  4. GPU clearance
  5. Case clearance
  6. Power supply wattage
  7. Power connector requirements
  8. Cooling requirements
  9. RAM compatibility
  10. Storage compatibility
  11. Operating system support
  12. Driver support
  13. Physical installation limitations

Next Game Performance LLC may provide general guidance, but final compatibility responsibility remains with the customer unless a separate custom build or paid consultation agreement states otherwise.

13. Manufacturer Warranty and In-House Warranty

Next Game Performance LLC is not the original manufacturer of hardware components.

Manufacturer warranties, if any, are provided by the original manufacturer and may depend on manufacturer policy, product type, serial number, region, packaging type, supplier channel, purchase documentation, and other manufacturer-specific requirements.

Next Game Performance LLC does not guarantee that a manufacturer will approve a warranty claim.

Any in-house warranty, diagnostic coverage, repair coverage, DOA coverage, or service guarantee must be stated separately in writing to apply.

For component-only sales, Next Game Performance LLC does not provide ongoing technical support, installation support, or troubleshooting unless such service is separately purchased or expressly included in writing.

14. Returns, Refunds, and Final Sale Terms

Returns and refunds are governed by the Returns & Refunds Policy.

Promotional launch orders, preorder-style allocation orders, special allocation orders, custom orders, and component-only hardware sales may be final sale once placed, except where required by law or where an approved exception applies.

Refunds will not be provided for:

  1. Buyer’s remorse
  2. Price changes after purchase
  3. Customer ordering mistakes
  4. Compatibility issues not confirmed before purchase
  5. Preference for a different brand or model after checkout
  6. Preference for retail packaging after accepting OEM packaging disclosure
  7. Delays within the stated processing or shipping timeline
  8. Refusal of delivery
  9. Failure to retrieve a delivered package
  10. Unauthorized returns

A refund, replacement, repair, substitution, or other remedy may be considered if:

  1. Next Game Performance LLC cannot fulfill the order
  2. The wrong item is shipped
  3. The item is materially not as described
  4. The item is confirmed defective upon delivery under an applicable written policy
  5. A refund or remedy is required by law

Customers must contact Next Game Performance LLC before attempting a return, dispute, or chargeback.

15. Custom Builds, Diagnostics, and Repair Services

Custom builds, diagnostics, and repairs may be governed by additional service terms, estimates, invoices, written approvals, or service agreements.

Diagnostics may identify likely issues but cannot guarantee that every hidden or intermittent problem will be discovered.

Repair timelines may vary based on parts availability, system condition, customer response time, and complexity.

Any quoted repair price or build estimate may change if additional issues are discovered, parts prices change, or the customer requests additional work.

No additional paid work will be performed without customer approval.

16. Customer Communications

Customers agree to provide accurate contact information and respond to reasonable requests for order, shipping, verification, diagnostic, repair, or fulfillment information.

Next Game Performance LLC may contact customers by email, phone, text message, or website account message regarding orders, payments, fulfillment, shipping, support, fraud review, or service-related matters.

Failure to respond to required order or delay communications may result in delayed fulfillment, cancellation, or other action allowed under these Terms and applicable law.

17. Clickwrap Agreement and Checkout Acknowledgment

Before completing checkout, customers may be required to affirmatively accept these Terms of Service, the Returns & Refunds Policy, the Privacy Policy, OEM packaging disclosures, final sale disclosures, and shipping timeline disclosures.

By checking the required agreement box and submitting payment, the customer confirms that they understand and accept the applicable policies and disclosures.

The customer is not permitted to complete checkout unless the required agreement box or boxes are accepted.

18. Tamper-Resistant Checkout Acceptance Record

Next Game Performance LLC may retain a tamper-resistant or immutable checkout acceptance record for each order.

This record may include:

  1. Order number
  2. Customer name
  3. Customer email
  4. Product title
  5. Product SKU
  6. Product price
  7. Product page details at checkout
  8. Terms of Service version
  9. Returns & Refunds Policy version
  10. Privacy Policy version
  11. OEM disclosure version
  12. Checkout checkbox acceptance status
  13. Date and time of agreement
  14. IP address
  15. Device information
  16. Browser or user agent information
  17. Payment processor transaction ID
  18. Shipping address
  19. Billing address
  20. Tracking information
  21. Delivery confirmation
  22. Customer communications related to the order

This record may be used as evidence in connection with order questions, payment disputes, chargebacks, fraud reviews, delivery issues, customer complaints, or legal proceedings.

19. Chargebacks, Payment Disputes, and Fraud Prevention

Customers agree to contact Next Game Performance LLC first regarding any order issue, delivery issue, product issue, fulfillment issue, or billing question before initiating a payment dispute or chargeback.

Filing a false chargeback, falsely claiming an authorized order was unauthorized, falsely claiming an item was not received, falsely claiming an item was not as described, or misrepresenting an order after accepting these Terms may be treated as payment fraud.

Next Game Performance LLC reserves the right to submit relevant evidence to the payment processor, card network, financial institution, carrier, law enforcement agency, attorney, collections agency, or court where appropriate.

Relevant evidence may include checkout acceptance records, IP address logs, product page records, communications, shipping records, delivery confirmation, payment records, fraud review data, and any other order-related evidence.

Nothing in this section limits a customer’s rights under applicable law. This section is intended to prevent false, misleading, abusive, or bad-faith payment disputes.

20. Website Content and Errors

Next Game Performance LLC makes reasonable efforts to keep product information, pricing, availability, and policies accurate.

However, website errors, typographical mistakes, pricing mistakes, stock errors, technical issues, or display errors may occur.

Next Game Performance LLC reserves the right to correct errors, cancel affected orders, refund affected orders, or contact the customer for updated approval where appropriate.

21. Policy Changes

Next Game Performance LLC may update these Terms of Service at any time.

Policy changes apply prospectively and do not automatically change the terms of an order already placed unless required by law or agreed to in writing.

The version accepted at checkout may be retained with the customer’s order record.

Customers should review the current Terms of Service before each purchase.

22. Limitation of Liability

To the fullest extent permitted by law, Next Game Performance LLC is not responsible for indirect, incidental, special, consequential, or economic damages arising from product delays, supplier delays, compatibility issues, installation errors, customer misuse, missed use, lost profits, lost opportunities, data loss, or customer-provided system issues.

For product orders, Next Game Performance LLC’s maximum liability will not exceed the amount paid by the customer for the specific product at issue, except where prohibited by law.

For services, Next Game Performance LLC’s maximum liability will not exceed the amount paid by the customer for the specific service at issue, except where prohibited by law.

23. No Guarantee of Results

Next Game Performance LLC may provide hardware recommendations, performance guidance, upgrade suggestions, diagnostics, repair opinions, or build planning.

Performance outcomes may vary based on hardware configuration, drivers, software, game optimization, cooling, power delivery, operating system condition, customer use, and other variables.

No specific performance result, frame rate, benchmark score, repair outcome, or compatibility result is guaranteed unless expressly stated in writing.

24. Governing Law and Venue

These Terms of Service are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

Any dispute, claim, or controversy arising out of or related to a purchase, order, service, website use, checkout agreement, or these Terms shall be handled in the appropriate venue in Pennsylvania, unless applicable law requires otherwise.

Before pursuing formal action, the customer agrees to contact Next Game Performance LLC in good faith so the issue can be reviewed and, if possible, resolved.

25. Severability

If any part of these Terms of Service is found to be invalid, unenforceable, or unlawful, the remaining sections will remain in effect to the fullest extent permitted by law.

26. Contact Information

Questions about these Terms of Service may be directed to:

Next Game Performance LLC
Towanda, Pennsylvania
Email: [[email protected]]
Website: nextgameperformance.com