USER AGREEMENT
Terms of Service and Member Agreement

A. Introduction - Acceptance of Agreement

Welcome to the Aplusvideorentals.com Web site! We start every new subscriber relationship with a contract. The following agreement informs you of what service you can expect from us, and what conduct we expect from you.

THIS AGREEMENT governs your use of the Aplusvideorentals.com Web site. By using, visiting, or browsing the Aplusvideorentals.com Web site, you accept and agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, you should not use the Aplusvideorentals.com Web site. For the record, and due legal filing requirements, A Plus Educational Video Rentals, Inc., A+ Educational Video Rentals, Inc., and aplusvideorentals.com are one in the same and herein after will be referred as “A+ Video”.

B. Access and Services

A+ Video is a rental service provider of educational videos (DVD and/or VHS). Our goal is to meet the educational video needs of students through our ever-growing library of videos. You can find the specific details regarding your membership with A+ Video at anytime by clicking on the "My Account" icon.

In order to rent video’s from the A+ Video Web Site, you must meet the following requirements:

· You must have access to the Internet,
· You must be at least 18 years old,
· You must have a U.S. Continental residence with valid Postal Code, and
· You must have a valid Discover, Visa or Master Card Credit Card account.

You control your own account with A+ Video via your “My Account”, and “Rental Queue”. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our Web site at any time for any reason without notice or refund. We also reserve the right to delete all data files associated with your account and/or other information you have on our Web site.

Delivery and Return of Rented Video’s: We use the U.S. Postal Service (USPS), postage prepaid, to deliver and return the videos you have selected to rent. Actual delivery times may vary for you depending on (i) our inventory availability, (ii) when you place your order, (iii) your delivery address, and (iv) circumstances impacting delivery by the U.S. Postal Service. We will send you an e-mail letting you know when we have shipped your disk and the anticipated time of delivery.

Cancellations: You may cancel your subscription to A+ Video at anytime. To cancel, click the "My Account" tab and follow the instructions under the heading "Cancel Rental Membership." WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHLY SUBSCRIPTION PERIODS OR UNWATCHED VIDEOS. Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your credit card being billed for such items.

C. Changes to Terms of Use

A+ Video reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the A+ Video Web site home page. The most current version of the Terms of Use will take the place of all previous versions. Members will be notified through a general E-mail, as allowed, and will appear on your “Rental Queue”. Use of the A+ Video Web site after the changes are made means that you agree to be bound by such changes.

D. Fees and Payment

We will charge you a membership fee as selected and maintained by you (“My Account”). All payments will be done through a Discover Master Card or Visa credit card. You can cancel your account at any time, but you will remain liable for all charges including full monthly charges for the month for which you discontinued service. In the event your membership began on a day not contained in a given month, we will bill you on the last day of such month. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change. If you are a monthly member and elect to drop down a level, you will continue to be billed at the higher rate until the number of titles out equals the total titles allowed out at your new membership level. All fees and charges are nonrefundable. If you want to use a different credit card or charging method or if there is a change in your credit card validity or expiration date, you may change your credit card information by selecting the “My Account” button. Annual accounts are not subject to pro-rating. Sales tax will be charged against Georgia Residents and to those members whose States require the collection of sales tax on this membership service. We will strive to identify those additional states as they are identified.

Automatic Renewals: As selected, your A+ Video subscription will be automatically renewed based on the membership interval selected. For your convenience, we will charge the membership to the Master Card or Visa credit card account you provide to us and maintained by you ("my account"). Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your credit card.

Expired or Invalid Credit Cards: The terms we agree with you are dependent on a valid credit card being available for charging each month. Should your credit card expire, or reach its credit limit, we send you a reminder to that effect. If you do not update your card details during the month of it’s expiration and continue to keep your rented disks, you will be charged for the replacement cost of the movie before your card expires. This is to allow us to continue to provide a high level of service to other members. When you update your credit card information and we are able to start your membership back up, we will credit your account for the movies charged and continue with your membership. If you do not update your credit card within 30 days of it’s expiration, we will close your account and you can keep the movies because you have paid for them. We will not refund any money for any DVD found by you after the 30 day period after your card expiration.

Damaged Videos: It is very rare that you would receive a damaged video from A+ Video. If you received a damaged video you must notify us immediately at customerservice@aplusvideorentals.com. Once the video has been returned an investigation will be opened to determine how the video was damaged. A+ Video reserves the right to determine who is financially responsible for the damaged video. At the end of the investigation if you are found responsible for the damaged video your credit card will be automatically charged the retail price of the video

"Lost" videos: A video will be considered "lost" by the USPS if it has taken more than 10 mailing days and the video has not arrived. If an account is not under suspension, additional videos in the customer's queue will be sent immediately. If 18 mail days have passed, and the "lost" video has not yet been "returned to sender" by the USPS, the customer will be charged for the videos. Refunds will be posted should the videos eventually be returned.

E. Web Site Rules

You agree to be bound by certain rules that are important for the proper use of the A+ Video Web site. Your failure to follow these rules, whether listed below in the contract or in any bulletins posted at various points in the program, may result in termination of your account.

1.	First, do not tell others your password or let your account be used by anyone except yourself.
2.	Second, do not attempt to log in more than once at the same time on any given account.
3.	Third, with regards to “member reviews”, while you should feel free to express yourself, you should respect other users of the program.
4.	Fourth, We do not continually review the content posted on the A+ Video Web site; however, we reserve the right to remove or edit such content at anytime without notice.

Your Conduct on the Aplusvideorentals.com Web Site: By accessing the A+ Video Web site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the A+ Video Web site. You also agree not to interfere with the servers or networks connected to the A+ Video Web site or to violate any of the procedures, policies or regulations of networks connected to the A+ Video Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the A+ Video Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the A+ Video Web site for any unlawful purpose. In posting content, you agree not to use a false e-mail address or otherwise mislead A+ Video or others regarding the origin of such content.

Limitations on Use: Unless otherwise specified, the content on the A+ Video Web site is for your personal and non-commercial use and we grant you a limited license to access the A+ Video site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the A+ Video Web site without our express written consent. Any unauthorized use of the A+ Video Web site or its contents will terminate the limited license granted by us.

F. Privacy Considerations

Foregoing any illegal or suspect behavior, A+ Video will not share, nor distribute to any entity outside A+ Video, the personal account information you provide. We reserve the right to copy and distribute to third party any information associated with your activities on the Web site. Therefore, you should not expect to have a right to privacy in any of your communications. A+ Video is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the A+ Video Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the A+ Video Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

PRIVACY

When you register at A+ Video, we ask you for information in order to process your membership and to communicate with you about the status of your Queue, send messages about A+ Video special offers, promotional announcements, and customer surveys. If you opt no to receive the announcements, simply email customer service to opt out.

The information you provide about yourself (full name, address, telephone number and credit card number) is only to be used to ship product, converse on any queue related issues, but NOT for marketing purposes. We will store this information to make it easier to access and update your account.

G. Proprietary Rights

By posting member reviews, inputting data, or engaging in any form of communication on our Web site, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the Web site are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the Web site provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership. Your use of our Web site affords you access to many of the features of our Web site, but some aspects of our Web site remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our Web site, including but not limited to the computer software, the related documentation, the "look and feel," the end-user interfaces, the name of our Web site, many of the individual features, and the collective works consisting of sequences of all public messages on our Web site. You may not reproduce any sequence of messages from our Web site, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the Web site, which we or our suppliers own.

H. Limitation of Liability

You must bear the risk of any liability relating to your use of our Web site. We would not be able to afford to operate this Web site if every A+ Video online subscriber held us accountable for every wrongful action.

Accordingly, your use of the Web site is entirely at your sole risk. We will not be responsible to you or any third party for any direct or indirect, consequential, punitive, or special damages or losses you may incur in connection with our Web site, your use thereof or any of the data or other materials transmitted through or residing on our Web site, regardless of the type of claim or the nature of the cause of action, even if we have advised of the possibility of such damage or loss.

In no event shall A+ Video, its managing members, officers, or employees 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 this information. 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.

Any opinions, advice, statements, services, offers, or other information that comprise part of the content expressed or made available by third parties on the A+ Video Web site are those of the respective authors or producers and not of A+ Video or its managing members, officers, or employees. Under no circumstances shall A+ Video or its officers, managing members, or employees be held liable for any loss or damage caused by your reliance on information obtained through the A+ Video Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the A+ Video Web site.

I. Indemnity

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our Web site, leading wholly or partially to claims against us or our Web site by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

J. Disclaimers of Warranty

We assume no liability or responsibility for any errors or omissions in the content of the A+ Video Web site, any failures, delays, or interruptions in the shipment of video’s, delivery of any content contained on the A+ Video Web site, any losses or damages arising from the use of the content provided on the A+ Video Web site, or any conduct by users of the A+ Video web site. We reserve the right to ship videos in our sole discretion.

A+ Video is providing this Web site and its contents "as is" and makes no representations or warranties of any kind with respect to this Web site or its contents. A+ Video disclaims all such representations and warranties, including for example warranties of merchantability, fitness for a particular purpose or use, non-infringement, and condition. In addition, A+ Video does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.

In no event shall A+ Video be liable 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 this information. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Links: Some of the hyperlinks on the A+ Video Web site may lead to other Web sites that are not controlled by, or affiliated with, A+ Video. In addition, other Web sites may link to the A+ Video Web site. A+ Video has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

K. Fraud

It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted.

L. Termination of Usage

A+ Video may terminate User access, or suspend any User's access to all or part of A+ Video without notice, for any conduct that A+ Video in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or A+ Video.

M. Copyrights

All content included on the A+ Video Web site, including text, web site design, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, the selection and arrangement thereof, and all software, is the property of A+ Video or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of A+ Video and protected by U.S. and international copyright laws. They should not be reproduced or used -including reproduction for purposes of modification, distribution, or republication- without express written permission from A+ Video.

O. Trademarks

A+ EDUCATIONAL VIDEO RENTAL, LLC, A+ EDUCATIONAL VIDEO RENTAL, LLC., Aplusvideorentals.com, Press Start, the A+ EDUCATIONAL VIDEO RENTAL green circle with design logo, all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of A+ EDUCATIONAL VIDEO RENTAL, LLC. A+ Video trademarks and trade dress may not be used in connection with any product or service that is not A+ Video’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits A+ Video. All other trademarks not owned by A+ Video that appear on the Aplusvideorentals.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by A+ Video. Any images of persons or personalities contained on the Aplusvideorentals.com Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

P. Patents

A+ Video has patents pending that apply to the Aplusvideorentals.com Web site.