These Terms of Use govern your use of the DVD Vending Kiosks (“Kiosks”) operated by us, Redbox Automated Retail, LLC (“Redbox”), also doing business in the State of Texas under the assumed name of DVD Rental by Redbox LLC. By using our Kiosks, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use our Kiosks. These Terms of Use are a contract between you and Redbox and apply to your use of our Kiosks. These Terms of Use affect your rights and you should read them carefully. We reserve the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion.

When you rent a DVD from our Kiosks, you will be charged $1.00 (the “Rental Charge”) plus tax, if applicable, for the initial Rental Period (as defined below). Subject to the terms below, you can keep the DVD as long as you like and return it to any of our Kiosks. You will not be charged any additional Rental Charge if you return the DVD to any of our Kiosks prior to 9:00 p.m. (local time), except as otherwise provided at certain Kiosk locations, on the day following your date of rental (each such period is hereinafter referred to as a “Rental Period”). If you return the DVD at any time after the 1st Rental Period, you will be charged the Rental Charge plus tax, if applicable, for each additional Rental Period that you keep the DVD; provided, however, you will be charged a total of $25.00 (the “Maximum Charge”), which Maximum Charge includes the Rental Charge for the initial Rental Period, plus tax, if applicable, if you do not return the DVD to any of our Kiosks before the expiration of the 24th Rental Period, in which event the DVD is yours to keep. In the event you use a valid and unexpired promotional code provided by us when renting a DVD from our Kiosks, the specific terms of the promotion associated with such promotional code will govern your rental.

For example, if you rent a DVD prior to 9:00 p.m. on Monday, you will be charged $1.00 plus tax, if applicable, at the time of the rental. If you return the DVD prior to 9:00 p.m. on Tuesday, you will not be charged any additional Rental Charges. If you return the DVD after 9:00 p.m. on Tuesday, but before 9:00 p.m. on Wednesday, you will be charged an additional $1.00 plus tax, if applicable, for the one additional Rental Period that you kept the DVD. If instead you return the DVD after 9:00 p.m. on Wednesday, but before 9:00 p.m. on Thursday, you will be charged an additional $2.00 plus tax, if applicable, for the two additional Rental Periods that you kept the DVD.

If a DVD is returned damaged, as determined by us in our sole and absolute discretion, we reserve the right to assess additional fees in an amount, together with all applicable Rental Charges, not to exceed the Maximum Charge.

At the time of rental, Redbox will seek an authorization from your credit card or debit card company equal to the Rental Charge for the first Rental Period plus the sum of up to $ 10.00 for each DVD that you rent. This is to ensure that there are sufficient funds to cover any additional Rental Charges and fees for which you are responsible. If this authorization is received, the actual charge to your account at the time of rental will be only for Rental Charge for the first Rental Period. Redbox is authorized to charge your credit card or debit card for any additional Rental Charges and fees that you may incur.

All DVD sales are final and non-returnable. Except as required by applicable law, Redbox will not accept any returns of DVDs purchased from our Kiosks.

By using our service and Kiosks, you are acknowledging and representing that you are 18 years of age or older and that you are using a credit or debit card that is validly issued in your name for your rental of DVD(s) from our Kiosks. Individuals under the age of 18 may, however, utilize our Kiosks, but only with the permission and involvement of a parent or legal guardian.

When you rent a DVD from any of our Kiosks, you may request to receive an e-mail receipt of your rental or purchase. By requesting an e-mail receipt, you consent to receiving electronic communications from us. These communications may include notices, disclosures, agreements, product specials, discounts and promotions. If you do not wish to receive any such communication, you may elect to unsubscribe to such communications via the Website link provided in your e-mail receipt or any such communications.

We consider your privacy to be of utmost importance. Our personal information practices are governed by our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy on our Website at www.redbox.com to understand our practices.

OUR SERVICE AND KIOSKS AND ALL DVDs 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 SERVICE OR KIOSKS OR THE CONDITION OF ANY DVD RENTED OR SOLD FROM OUR KIOSKS AND WE HAVE NO RESPONSIBILITY FOR ANY PATENT OR LATENT DEFECTS IN SUCH DVDs. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT PROVIDED IN OUR KIOSKS OR FOR ANY CONTENT IN ANY DVD RENTED OR SOLD FROM OUR KIOSKS, ANY FAILURES, DELAYS, OR INTERRUPTIONS IN OUR SERVICE, OUR KIOSKS OR OUR DELIVERY OF DVDs, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED IN OUR KIOSKS, OR ANY CONDUCT BY USERS OF OUR SERVICE OR 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.

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 DVDs, THEIR CONTENTS OR OUR SERVICE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE 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 SERVICE AND KIOSKS.

We reserve the right to terminate or restrict your use of our service and Kiosks, without notice, for any or no reason whatsoever.

You agree that the United States District Court for the Northern District of Illinois and/or the Illinois State Courts located in DuPage County, Illinois shall have exclusive jurisdiction over any dispute between you and us relating in any way to our service, Kiosks or these Terms of Use. You expressly and irrevocably consent to the personal jurisdiction and venue in these courts.

If you should have any questions or comments regarding our service or Kiosks, please contact our toll-free customer service phone number: 1-866-REDBOX3. We have trained customer service representatives who provide live phone coverage 70 hours per week and 24 hours per day / 7 days per week voicemail coverage.

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.