Text Box: Videomatic Northwest, Inc. Terms of Use These Terms of Use govern your use of the Videomatic rental kiosks “kiosks”, operated by Videomatic Northwest, Inc “Videomatic”. By using our kiosks you agree to be bound by these Terms of Use. These Terms of Use constitute a contract between you and Videomatic. These terms of use govern your rights you should read them carefully. Definitions “Payment Card” a Payment Card is defined as the credit or debit card account submitted by you as your method of payment. “Personal Information” Personal Information is defined as information, such as first and last names, email addresses, telephone numbers, Payment Card data and preferences submitted by you. “Maximum Rental Period” a Maximum Rental Period is defined as when a Rental Item is in the possession of a customer for 15 consecutive rental periods. “Maximum Simultaneous Rentals” The maximum number of Rental Items a customer may rent at any one time = 3 “Purchase Charge” a Purchase Charge is defined as the cost per Rental Item charged to a Payment Card after the Maximum Rental Period. The Purchase Charge is determined by the class of the Rental Item. Current Purchase Charges are as follows; DVD Premier $20.00 + tax DVD New Release $20.00 + tax DVD Catalog $20.00 + tax Blu-ray Premier $25.00 + tax Blu-ray New Release $25.00 + tax Blu-ray Catalog $25.00 + tax PS3—XBOX360—Wii $60.00 + tax “Rental Account” a Rental Account is defined as a collection of your Personal Information and your Rental Transactions. “Rental Charge” a Rental Charge is defined as the daily cost of possession of the Rental Item by the customer. The Rental Charge is determined by the class of the Rental Item. Current Rental Charges are as follow; DVD Premier $2.00 + tax 1st day/additional days $1.00 + tax per day DVD New Release $1.00 + tax 1st day/additional days $1.00 + tax per day DVD Catalog $1.00 + tax 1st day/additional days $1.00 + tax per day Blu-ray Premier $3.00 + tax 1st day/additional days $1.50 + tax per day Blu-ray New Release $1.50 + tax 1st day/additional days $1.50 + tax per day Blu-ray Catalog $1.50 + tax 1st day/additional days $1.50 + tax per day PS3—XBOX360—Wii $4.00 + tax 1st day/additional days $2.00 + tax per day “Rental Item” a Rental Item is defined as an item of inventory contained within a kiosk which is available for rent for a Maximum Rental Period. Videomatic categorizes each of our Rental Items into one of the following seven classes. DVD Premier DVD New Release DVD Catalog Blu-ray Premier Blu-ray New Release Blu-ray Catalog PS3—XBOX360—Wii “Rental Period” a Rental Period is defined as the number of days a Rental Item is in the possession of the customer The 1st day begins when you receive your rental item from the kiosk and ends at 12:00 AM midnight the following day. Each additional day is a 24 hr period beginning at 12:00AM (midnight). “Rental Transaction” a Rental Transaction is defined as the act, by a customer of obtaining possession of a Rental Item for entertainment purposes through the use of a kiosk. “Sale Charge” a Sales Charge is defined as the cost per Sale Item. “Sale Item” a Sale Item is defined as an item of inventory contained within a kiosk which is available for purchase. The Sale Charge of each Sale Item is determined by Videomatic and is indicated in the kiosk as “Sale” “Sale Transaction” a Sale Transaction is defined as the act, by a customer of purchasing a Sale Item through the use of a kiosk. Rental Transaction The cost of your Rental Transaction is determined by multiplying the Rental Charge for the Rental Item(s) by the Rental Period. The cost for the 1st Rental Period is charged to your Payment Card during the Rental Transaction. The cost for each additional Rental Period is charged to your Payment Card when the Rental Items are returned to the kiosk. In the event the Rental Items are not returned to the kiosk prior to the Maximum Rental Period the Purchase Charge for the Rental Item will be charged to your Payment Card. This transaction is final and non-refundable. Videomatic will not accept returns of Rental Items exceeding the Maximum Rental Period. In the event a Rental Item is returned damaged and is determined, by Videomatic, to be un-repairable Videomatic reserves the right to access additional fees to your Account, not to exceed the Purchase Charge, for the damaged Rental Item Sale Transaction The cost of your Sale Transaction is determined by the Sale Charge for the Sale Item. All Sale Transactions are final and non-refundable. Except as required by applicable law, Videomatic will not accept any returns of Sale Items purchased from our kiosks. Privacy Statement Your privacy and the protection of your Personal Information are very important to us. Our information practices are dictated by our Privacy Policy (see below) Disclaimers of Warranties Our kiosks and all items rented or sold from our kiosks are provided “as is” and with all faults. We make no representations or warranties of any kind with respect to our kiosks or the condition of any items rented or sold from our kiosks and we have no responsibility for any patent or latent defects in such items. We assume no liability or responsibility for any errors or omissions in any content provided in our kiosks or for any content in any item rented or sold from our kiosks, any failures, delays, or interruptions in our kiosks or our delivery of items, any losses or damages arising from the use of the content provided in our kiosks, or any conduct by users of our kiosks. We disclaim all representations and warranties, 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 kiosks is accurate, complete or current. Limitations of Liability In no event shall we, our members, 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 our kiosks or items, or their contents. If any applicable authority holds any portion of this section to be unenforceable, then liability is limited to the fullest possible extent permitted by applicable law. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of our kiosks. Right to Terminate Videomatic reserves the right to terminate your use of our kiosks without notice for any or no reason whatsoever. Disputes These Terms of Use, your access and use of the kiosks, and the relationship between you and us are governed by the laws of the state of Idaho, without giving effect to its conflict of law provisions. You and Videomatic both agree to submit to the personal and exclusive jurisdiction of the courts of the state of Idaho. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you arising out of or related to these Terms of Use, your access and use of the kiosks, or the relationship between you and us, must be filed within one (1) year after such claim or cause of action arose or be forever barred. General These Terms of Use (which includes all current and future Terms of Use) embodies the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Severability If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Changes to our terms of use From time to time it may be necessary to update our terms of use. If there is a future change to our terms we will post our revision here. You can also access our terms of use at our kiosks by pressing MEMBERSHIP -> TERMS OF USE. How to contact Videomatic Northwest Phone 1-800-323-9101 Email contact@videomatic-nw.com Postal Mail Videomatic Northwest 3644 N Cedarblom Coeur d’Alene, ID 83815