This Service Agreement specify the terms and conditions that apply to your access and use of the www.italkies.com website ("Site") and the rental of DVDs through the Site ("Rental Service"), each of which is provided by iTalkies.com, LLC ("iTalkies"). By using the Site or Rental Service, you agree to be bound by this Service Agreement. iTalkies reserves the right to change or modify any of the terms and conditions set forth in this Service Agreement at any time in its sole discretion. iTalkies will notify you of any such changes by sending you an email and posting the revised Service Agreement on the Site. Your continued access and/or use of the Site or Rental Service, following our notice to you of any changes will constitute your acceptance of the modified Service Agreement. If you do not agree to this Service Agreement or any modifications, please do not access the Site or, if you are an existing subscriber, terminate your account.

Privacy Policy And Additional Terms

iTalkies' collection and handling of personal information on the Site are governed by iTalkies' Privacy Policy. Further, this Service Agreement is in addition to and supplements the general iTalkies Site Terms which apply to your use of the Site generally. Please review the Privacy Policy and Site Terms from time to time, as changes to the policy may be posted on the Site from the time you last reviewed it.

Registration Information For DVD Rental Service

To subscribe to Rental Service, you must provide iTalkies with the information requested on the iTalkies Sign up page and billing information (e.g. credit card name and number, billing address, expiration date, etc.) for payment of the monthly subscription or rental fees. You agree to provide and keep current true, accurate, current and correct registration and billing information. If iTalkies believes that any billing information is false or inaccurate, iTalkies has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Rental Service. Rental Service is only offered to persons over the age of 18 residing in the United States for non-commercial use. The Rental Service is not intended for use by minors (i.e., children under the age of 18). By using the Site, you represent and warrant that you are a resident of the United States and that you are over the age of 18.

Your Account & Password

You are solely responsibility for keeping your password confidential and restricting access to your iTalkies account. You are responsible for all activities that occur on your account or through use of your password by yourself or by other persons. If you suspect that an unauthorized person has accessed your account, you must immediately notify the iTalkies Customer Service Department by email or by telephone at 425-576-8791. Your account information, including all billing information, may be accessed at anytime by logging-in to your account. The link to log-in to your account is posted at the top of each page on the Site.

Monthly Subscription Plans

If you sign up for a monthly subscription plan, you may rent as many DVDs as you choose, up to the limit on outstanding rentals applicable to the plan you have selected. You may keep DVDs that you rent for so long as your membership remains in effect for no charge other than the applicable monthly subscription fee. If you have the maximum number of DVDs allowed by your plan checked out, no additional DVDs will be shipped to you until you return one or more of the DVDs checked out to you. Your monthly subscription plan will be automatically renewed each month, unless and until you cancel your subscription or we terminate your account as described below. iTalkies' billing cycle starts on the 1^st of the month and ends on the last day of the month. On the [1^st] of each month, your credit card will be charged in the amount of your monthly subscription fee for the previous month. Your monthly subscription fee may be pro rated if you register for the Rental Service at any time after the 1^st of the month or if you have received less than the maximum number of DVDs allowed by your plan during the month. Your monthly charges will be calculated based on the number of movies checked out during that month, the duration of their checkout, and the rate of your plan. In all cases the monthly charge will not be greater than the advertised monthly rate for the plan in which you are enrolled, excluding taxes, charge for damages and other special charges. You will only be charged for the time for which you actually receive and use DVDs under your plan. For example, if your plan permits you to have two DVDs per month and you receive 2 DVDs in the first two weeks, return both and then receive only one DVD for the final two weeks, your monthly charge will be adjusted so that you are not charged for the unused DVD for the final two weeks.

Billing

You agree to pay by credit card for all charges and any applicable taxes, including sales tax, for your use of Rental Service at the then current prices. Prices are subject to change at any time, without prior notice to you. You authorize iTalkies to charge your credit card to pay for all charges that may apply to your account, including any late charges, charges for lost or damaged DVDs, or charges for DVDs not returned upon expiration or termination of your account. You must notify us of any changes to your credit card account (including applicable account number or cancellation of your account), your billing address, or any information that may prohibit us from charging your account. We may suspend or terminate your account if you fail to promptly notify us of any changes to your credit card account information. You will not be provided with copies of credit card charge slips evidencing the charges of the applicable monthly fees. A monthly billing statement will be made available to you for viewing online by logging into your account. iTalkies will notify you by email each month to let you know when your monthly statement is ready to be viewed.

Free Trials and Other Promotional Offers

Free trials, whether 14-days or other durations, of the monthly subscription service are available to first time customers of iTalkies. You must register with iTalkies and establish an account to take advantage of the free trial offer. When you register, your credit card will be authorized for one month of subscription service, though your credit card will not be charged for the duration of the free trial period. Your trial period begins the day you register. During the trial, you will receive all of the benefits of a monthly subscriber at no charge. Free trial participants may receive as many rentals as determined by their monthly subscription plan. Monthly subscription service may be cancelled at any time prior to the end of your free trial by logging on to your account with iTalkies. If you cancel your monthly subscription prior to the end of your free trial, all DVD rentals must be received by iTalkies no later than 10 days past the expiration date of your free trial, or you will be responsible for subscription charges.

Upon completion of the free trial period, your monthly subscription will renew automatically. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES. You will not receive any notification from iTalkies at the expiration of your free trial. Please note the expiration date of your free trial for your records. Only one free trial may be redeemed per household and may not be combined with any other offer.

From time to time, iTalkies may offer other trial or promotional offers associated with the Rental Service. Such offers are governed by the terms and conditions accompanying such offer and may differ from those above.

Shipping and Availability

DVDs are is subject to availability and iTalkies may allocate available DVDs to its members in its sole discretion. If you are signed up for a monthly subscription plan, iTalkies will automatically ship available titles to you in the order of your wish list or options that you select. iTalkies prepays the postage for the delivery and return of the DVDs via U.S. Postal Service ("USPS"). Delivery time will vary and is subject to, among other circumstances, DVD availability, your address, timing of your selection, and the USPS service. Therefore, iTalkies cannot guarantee any specific delivery time.

Damage or Loss to DVDs

The DVDs provided to you are rented not sold. You are responsible for any damage or loss that occurs to DVDs from the time that you receive them until they are returned to iTalkies. You should inspect each DVD when you receive it to ensure that it is not damaged or provided in error. To avoid being held responsible for such damage, you must notify iTalkies within 2 days of receipt of the DVD regarding any damage or error by contacting iTalkies Customer Support at 425-576-8791. Any damaged DVDs that you receive from iTalkies will be replaced at no charge but you will remain responsible for the rental fees. Your liability for your damage to or loss of any DVDs may include the cost of replacing such DVD and any associated service or late fees until you notify us of such loss or damage.

Termination/Cancellation

You may cancel your membership with iTalkies at anytime by logging on to your account and clicking on the "Cancel Membership" link. In addition, iTalkies may at any time and at its sole discretion terminate or restrict your right to use the Site and/or the Rental Service, at any time, without prior notice to you. Upon cancellation of your membership, you must return all DVDs in your possession immediately. Upon account termination, your credit card will be charged for any applicable charges, including any late charges or charges for lost or damaged DVDs.

Disclaimer of Warranties

THE SITE AND RENTAL SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. ITALKIES.COM LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR RENTAL SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. ITALKIES FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR RENTAL SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. ITALKIES IS NOT RESPONSIBLE FOR ANY TYPOGRAPHIC ERRORS OR OMISSIONS RELATED TO PRICING, TEXT, OR PHOTOGRAPHY.

Limitation of Liability

IN NO EVENT SHALL ITALKIES.COM LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE RENTAL SERVICE, WHETHER OR NOT ITALKIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Dispute Resolution

Except for any breach of this Agreement entitling either party to injunctive relief or fees that are owed to us by you, if any dispute occurs between the us arising out of or relating to this Agreement or its execution or performance, whether such dispute is in contract, tort or otherwise, you and iTalkies agree to submit to binding arbitration. The arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association then in effect using a single arbitrator. The arbitration will be held and the award will be deemed made in Seattle, Washington. You and iTalkies agree to be bound by the decision of the arbitrator and judgment upon the award rendered may be entered in any court having jurisdiction.

Governing Law and Venue

This Service Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions. You agree that any action arising out of or relating to this Service Agreement shall be filed only in the state or federal courts located in King County, Washington and you hereby irrevocably consent and submit to the exclusive jurisdiction of such courts.

General

This Service Agreement, the Site Terms, and other terms and policies posted on the Site constitute the entire agreement between you and iTalkies with respect to your use of the Site and Rental Service and supersede all previous agreements, understandings and representations relating thereto. No failure by iTalkies or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of such rights, powers or remedies. If any provision of this Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.