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Your usage of this DVD Kiosk is subject to the following Terms and Conditions:
1. Each time you rent a DVD or other product from this automated Kiosk (the "Product") you must swipe a credit card.
2. By swiping a credit card you hereby certify to Integrated Management Corp. ("Integrated") that:
(a) you are 18 years of age or older;
(b) the credit card you are using is legally issued to you; and
(c) you agree to all these Terms and Conditions.
3. You are subject to these specific terms and conditions:
(a) You agree to be responsible for and guarantee payment to Integrated of all charges related to the rental or purchase of the Product as indicated on the kiosk screen;
(b) For each Product that you rent, we will obtain a credit card pre-authorization in an amount not to exceed the amount of the Replacement Value (as established in Clause 5) to ensure that you return the Product;
(c) If you return the Product within ten (10) minutes of the time of your rental, you will not be charged for the rental;
(d) If you rent the Product on any given day and return it the next day before 6pm, you will be charged $1.99;
(e) You will also be charged $1.99 for each additional day that you keep the Product;
(f) You will be deemed to have purchased the Product for the Replacement Cost if you do not return the Product within seven (14) days of your rental of the Product. As such, you cannot return the Product nor can you receive a rebate of your Replacement Cost after this time period.
(g) You further authorize Integrated to retain the credit card information provided and submit credit card charge slips and/or electronic payments in collection of all amounts owing to Integrated, including amounts owing for failure to return the Product or for damage to the Product.
4. You acknowledge that we have the right to conduct sales and/or rental promotions from time to time. As such, during the time period of any such promotion, the charges in these Rental Terms and Conditions may be less than what is listed.
5. The Replacement Cost is currently calculated as $34.99 plus applicable sales tax(es) and is subject to change with market increases.
6. The rental charges and Replacement Cost charges do not include applicable goods and services tax or provincial sales tax ("Sales Tax"). You will, in addition to the amounts owing to Integrated, also pay to Integrated the applicable Sales Tax.
7. Without limiting anything else in these Terms and Conditions, you will be charged for the Replacement Cost of the Product if:
(a) the Product is returned damaged including any tampering or damage to the RFID sticker (Radio-frequency identification) on the Product; or
(b) you do not return the original box or other materials included in the box when you rent the Product.
8. If you choose to purchase the Product, or you are deemed to purchase the Product, the purchase will be on an "as is" basis. Integrated makes no warranties nor are there any implied warranties for the merchantability or fitness of the Product for any particular purpose.
9. In no event will Integrated, its affiliates, agents, successors, directors, officers, employees or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation, damages for loss of data, income, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: your rental of the Product, your operation of the kiosk, Integrated's collection or usage of your credit card information, your return of the Product or any advertisement contained on this kiosk, whether or not Integrated has been advised of the possibility of such damages. This exclusion of liability will apply to the fullest extent permitted by law. This provision will survive your purchase of the Product or your return of the Product.
10. You shall indemnify Integrated, its affiliates, agents, successors, directors, officers, employees or other representatives from any damage or loss to any person or property, including, but not limited to, the kiosk, arising out of the use of the Kiosk or the purchase or rental of the Product.
11. This Agreement will be construed and governed by the laws of the jurisdiction where the kiosk is located and you and Integrated submit to this exclusive jurisdiction.
12. Time is of the essence.
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