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DVD Rental Agreement

APPLICANT ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY AND GUARANTEES PAYMENT FOR ALL ITEMS RENTED THROUGH THE USE OF THE MAXDELIVERY.COM SERVICE, WHETHER OR NOT SUCH USE IS AUTHORIZED BY APPLICANT. (Guarantee not applicable in California.) Applicant agrees that MaxDelivery, LLC may pursue all avenues of collection, including use of collection agencies, and authorizes MaxDelivery, LLC to prepare and submit credit card charges using any credit cards used on the account to recover any charges and all other unpaid amounts due to (a) Applicant's failure to timely return all items rented through the service, (b) damages to returned items (not to exceed the retail price of the item), and (c) other unpaid charges and reasonable legal fees arising from the failure to return rented items.

Applicants and Users of the MaxDelivery.com web site agree as follows:
  1. My credit card will be charged the stated rental price for each rental title requested. I hereby authorize MaxDelivery, LLC to prepare and submit credit card charges for each title rented, as well as for any applicable replacement charges as outlined within this agreement. I represent that I am authorized to use the credit card, and that it represents a legitimate credit account in good standing with the financial institution that issued it.
  2. I am responsible for any loss or damage to the merchandise, and agree to be charged for the full retail cost of any damaged or lost item. I also agree that any tampering with any labels affixed to any rented DVD or case may constitute damage to the item, and I may be charged the full retail cost at the discretion of MaxDelivery, LLC
  3. The merchandise is to be returned via the enclosed mailer to MaxDelivery.com and must be postmarked by the 3rd calendar day from date of delivery. Alternatively, I may schedule to have the items picked up by MaxDelivery.com prior to midnight on the 3rd calendar day from the date of delivery. If merchandise is not returned by noon of the 2nd calendar day from date of rental, MaxDelivery.com. may charge my credit card for an additional amount equal to up to one-half the initial rental fee, not including tax, for each day that the item is late.
  4. If merchandise is not returned within 13 days from the day MaxDelivery, LLC delivered it to me, MaxDelivery, LLC may, at its discretion, additionally charge my credit card for the full replacement cost of each title rented. I will be responsible for the full retail price of the unreturned item plus any and all rental and extended viewing fees and other related charges arising from the rental prior to the conversion to a sale.
  5. Merchandise is to be returned either by a MaxDelivery.com. courier or via U.S. Postal Service. I understand that if I should choose to use the U.S. Postal Service to return merchandise, that it is my responsibility to mail merchandise to ensure that it is postmarked by the 3rd calendar day from date of rental.
  6. MaxDelivery.com membership is not transferable. I understand and agree that I must be 18 years of age for MaxDelivery.com membership
  7. I agree to limit my MaxDelivery, LLC rentals to my personal, non-commercial, home use only.
  8. MaxDelivery, LLC reasonably believes each of its rental titles to either be in the public domain, or a product legally licensed and authorized for home video use.
  9. I agree that items rented from MaxDelivery, LLC remain the property of MaxDelivery, LLC, and no rights of ownership are conveyed to me in any way.
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