This website ("Site") is provided to you by Fight-Flix.com ("Fight-Flix"). Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Fight-Flix may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.

PRICE AND AVAILABILITY

The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Fight-Flix's sole discretion.

CHANGES TO THE SITE

Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

CHANGES TO TERMS AND CONDITIONS

Fight-Flix may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.

PRIVACY POLICY

Fight-Flix's personal information practices on this Site are governed by Fight-Flix's Privacy Policy. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

LINKS

This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Fight-Flix or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

YOUR OBLIGATIONS

In providing registration and transactional information to Fight-Flix, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Fight-Flix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fight-Flix has the right to suspend or terminate your account and refuse any and all current or future use of the account.

In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address)

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this Site or the network and systems of a Fight-Flix service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

You may not modify, download, copy or scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the Site, and you may not store any part of the Site on your hard drive (except as cached by your web browser), CD ROMS or other mediums. Further, you may not publish, disseminate, transfer, sell, assign, rent, timeshare, or license the Site or any material subset thereof, or any copies thereof, except as permitted under applicable law. You are further prohibited from engaging in "Data Mining", which is excessive sampling behavior, or use of the data contained in the Site, as measured by repetitive 'hits' or inquiries to the Site in a given day. Your viewing of the Site is for your personal, noncommercial use only. You will be held legally responsible for any unauthorized use of the Site.

USER REVIEWS, FEEDBACK, SUBMISSIONS

You may submit ratings, reviews, tips, comments, feedback, postcards, suggestions, ideas, and other materials to Fight-Flix.com (collectively, the "Content"). Fight-Flix does not endorse, and takes no responsibility and assumes no liability for, any Content posted by you or any third party. Fight-Flix reserves the right (but not the obligation) to remove, restrict, or edit such Content, but does not regularly review posted Content.

By posting Content, you grant Fight-Flix.com. and its subsidiaries and affiliates a nonexclusive, perpetual, irrevocable, royalty-free right to use, display, adapt, modify, copy, reproduce, distribute, publish, translate, promote, and create derivative works from, the Content, anywhere in the world, in any form, in any media, and for any purpose, and to sublicense any or all of the foregoing rights to others. Further, you represent and warrant that you own or otherwise control all rights to the Content and that use or public posting of the Content will not infringe upon or otherwise violate the rights of any third party, including, without limitation, any copyright, trademark, or other intellectual property right, right of privacy, or any other rights of any nature. Your Content may not cause injury to any person or entity. Furthermore, no Comment submission may contain libelous or otherwise unlawful, abusive or obscene material. Content may not contain software viruses, political campaign material, commercial solicitations, chain letters, mass mailings or any form of "spam." The member submitting the Comment is solely responsible for any losses, costs, expenses and damages that result from any violations of Fight-Flix's policies regarding Content.

Content submitted to Fight-Flix.com (including your name) will not be confidential and may be published or disclosed in Fight-Flix's sole discretion, without any compensation to you. Fight-Flix may, but is not obligated to, respond to any Content.

Content posted on Fight-Flix.com may, at Fight-Flix's sole discretion, be monitored, edited or removed with or without notice. However, Fight-Flix does not, and is not obligated to, regularly review posted Content. By submitting Content, you grant Fight-Flix the right to use your submitted name in connection with your Content. You agree not to use a false email address, impersonate any person or entity, or otherwise misrepresent your identity or the origin of any Content you may submit. You alone shall be fully responsible for any content contained within your Comment submissions, and you agree to indemnify Fight-Flix and its affiliates for any and all claims resulting from Content you submit. To Fight-Flix and its affiliates accept no responsibility or liability for any Content submitted by you or any third party.

MANAGING YOUR PASSWORD AND YOUR ACCOUNT

You are solely responsible for managing your password and for keeping your password confidential. No one from Fight-Flix will be authorized to provide your password. If you have forgotten your password, go to the Login link at the top of the screen, then click on "Forgot your password." Follow the instructions. You are also solely responsible for restricting access to any computer you use to access your Fight-Flix.com account or your Fight-Flix ONLINE membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.

INTELLECTUAL PROPERTY

The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Fight-Flix or its licensors and are protected by copyright, trademark and other intellectual property laws. Fight-Flix name, design and related marks are trademarks of Fight-Flix.com © 2005 Fight-Flix.com. All rights reserved.
Fight-Flix.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Fight-Flix.com. Use of Materials is only permitted with the express written permission of Fight-Flix.com. and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

This Section will survive the termination of your right to use this Site.

DISCLAIMER OF WARRANTIES

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. Fight-Flix.com. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, Fight-Flix 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.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Fight-Flix, ITS AFFILIATES, Fight-Flix FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS 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 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; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT Fight-Flix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to indemnify and hold harmless Fight-Flix and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.

DISPUTE RESOLUTION

All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Fight-Flix related to any Claim.

This provision shall survive the termination of your right to use this Site.

TERMINATION

Fight-Flix may at any time and at its sole discretion terminate your right to use this Site.

GOVERNING LAW

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.

RELIANCE ON INFORMATION

This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at Fight-Flix's sole discretion. Also, changes are periodically made to the information contained herein.

GENERAL

Except for the portion of these Terms and Conditions specifically labeled as the Fight-Flix Online Rental Terms and Conditions, which govern all subscriptions to the Fight-Flix Online rental service , and the agreements, terms and conditions applicable to in-store Fight-Flix rental memberships which apply to all dealings between Fight-Flix and its members (the "Membership Rules"), these Terms and Conditions of Use constitute the entire agreement between you and Fight-Flix with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. In the event of an inconsistency between these Terms and Conditions of Use and the Membership Rules, these Terms and Conditions of Use shall prevail. In the event of an inconsistency between these Terms and Conditions of Use and the Fight-Flix Online Rental Terms and Conditions, the Fight-Flix Online Rental Terms and Conditions shall prevail. No failure by Fight-Flix or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof 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 this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.

Fight-Flix Online RENTAL TERMS AND CONDITIONS ("ONLINE RENTAL TERMS AND CONDITIONS")

In addition to the foregoing, membership in the Fight-Flix Online rental service ("Fight-Flix Online") is subject to the following additional Online Rental Terms and Conditions, and to payment of the applicable periodic membership fee plus applicable taxes. Amount of the membership fee may be changed from time to time as provided herein. Fight-Flix Online membership is not transferable and is only available in the United States. The Fight-Flix Online membership term commences on the date you sign up for Fight-Flix Online membership and is valid with renewals until cancellation as outlined below (the "Membership Term"). By subscribing to Fight-Flix Online, you agree to be bound by these Online Rental Terms and Conditions. You must be at least eighteen years old and have Internet access, a valid email address, a printer, and a valid credit card or check card to be a member of Fight-Flix Online.

These Online Rental Terms and Conditions are subject to change by Fight-Flix at any time, in its sole discretion, with or without advance notice. The most current version of the Online Rental Terms and Conditions, which will supersede all earlier versions, can be accessed through the hyperlink at the bottom of the Fight-Flix.com site. Continued use of your Fight-Flix Online membership constitutes acceptance of the most recent version of the Online Rental Terms and Conditions.

Membership Plans. All Fight-Flix Online membership plans allow members to rent DVDs from Fight-Flix Online by paying a periodic fee. You can rent as many DVDs as you choose, up to the limit on outstanding rentals applicable to each membership plan (the "Fight-Flix Online Rentals"). You may keep Fight-Flix Online Rentals as long as you choose during your Membership Term, for no charge other than the applicable periodic Fight-Flix Online membership fee (plus applicable taxes) . You may only rent one (1) copy per title at a given time as part of your Fight-Flix Online Rentals. However, you can rent the same movie title at different times. Fight-Flix Online Rentals may be any DVD movie available on www.Fight-Flix.com for rental as part of the Fight-Flix Online service.

If you have the maximum number of Fight-Flix Online Rentals allowed by your plan checked out, no additional movies will be shipped until you return one or more of the Fight-Flix Online Rentals. You may have only one Fight-Flix Online membership plan per email address at any one time. However, you may upgrade or downgrade among membership plans, as described below.

Selection and Allocation of Product. Fight-Flix Online will automatically ship titles to you, up to your maximum number of outstanding Fight-Flix Online Rentals, from and in the order that you have listed in your rental queue, subject to availability. However, Fight-Flix Online reserves the right to determine product allocation among members in its sole discretion.

Multiple Discs. In most instances, each disc you request counts as a Fight-Flix Online Rental and will take up one place in your queue, even if you are requesting a set, series or title with multiple discs (for example, if you select a title that offers both the movie itself and a bonus disc, if you request both discs, each disc counts as a Fight-Flix Online Rental, and will be shipped separately and should be returned separately). You always have the option to only select one disc in those instances. However, if the movie itself requires multiple discs due to its length, in those instances the movie counts as one Fight-Flix Online Rental regardless of the number of discs. This information will be available as part of the description of the movie and will be noted when you place your selection in your rental queue.

Delivery and Return of Rented DVDs. Delivery and return of your Fight-Flix Online Rentals will be via U.S. Postal Service ("USPS"). Postage is prepaid each way. The time it takes for a Fight-Flix Online Rental to be delivered or returned depends on several factors, including circumstances generally affecting service times of the USPS (for example, holidays and heavy mail usage times such as Christmas), when you added the Fight-Flix Online Rental to your queue, the availability of your selection in inventory, and the address you are using for your delivery address. Email notifications will alert you when your selections have been mailed and when your returned items have been received.

Access to Your Fight-Flix Online Account. If you opt for the "Remember me" feature for your Fight-Flix Online account, a cookie helps Fight-Flix Online recall certain items of your specific information on subsequent visits, including your user name and password. When you return to Fight-Flix Online, the information you previously provided can be retrieved, so that it is not necessary to enter your user name and password to access certain functionality. While cookies are a convenience, please remember that if you elect the "Remember Me" option, anyone who can access the computer you are using will have the ability to access your account for certain functions and view certain information about your account, including viewing and making changes to your rental queue. Certain functions, such as accessing your complete Payment Card information, cannot be viewed through the use of cookies.

Consent to Electronic Communications. You consent to receive communications from Fight-Flix about your Fight-Flix Online membership electronically, either by e-mail or by notices posted on this site. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by Fight-Flix in writing is satisfied by such electronic communication.

How to Subscribe. To subscribe to Fight-Flix Online, you must provide to Fight-Flix your name, shipping address, and e-mail address. Credit card, check card, or checking account charge authorization information for the Payment Method that you provide for payment of the periodic membership fee is not seen by Fight-Flix.com as the information is processed by Paypal (Paypal.com). By requesting membership in Fight-Flix Online and by accepting the benefits of Fight-Flix Online, you agree that as a condition of your continued membership in Fight-Flix Online you authorize Fight-Flix or its agent to charge your Payment Method the periodic Fight-Flix Online membership fee (plus applicable taxes) applicable to your membership plan (e.g., 1 month, 2 months, 3 months, 6 months), in effect from time to time, on each periodic anniversary date of that plan, until your Fight-Flix Online membership is canceled as herein provided. For example, if you have a monthly plan, and your paid membership began on June 19, your periodic anniversary date is the 19th of each month, and your Payment Method will be charged for the applicable periodic (monthly) membership fee on that date each month. If you have a six-month plan, and your paid membership began on June 19, your periodic anniversary date is the 19th of every sixth month (that is, each December and June), and your Payment Method will be charged for the applicable periodic (six months) membership fee on that date every six months. If your periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid membership started on the 31st day of a month), your Payment Method will be charged on the first day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic membership fee. You agree to pay the applicable periodic membership fees (plus taxes) in accordance with your Payment Method issuer agreement, if applicable. You also authorize Fight-Flix to charge your Payment Method for any other charges you may incur associated with your Fight-Flix Online membership, including, without limitation, any charges for product not returned at the end of your Membership Term.

Pending Charges for Payment Cards. If your Payment Method is a credit or charge card (the Payment Card), you also authorize Fight-Flix to place a pending charge to your Payment Card when you sign up for membership, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length), and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per pending charge.

Fees Relating to your Payment Method. You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, in-sufficient funds and over the credit limit fees.

Disclosure to and Electronic Fund Transfer Authorization by Check Card Holders. Check cards are a form of debit card which cause charges against bank accounts and are subject to federal law. If the Payment Card you have provided is a check card, in order to request Fight-Flix to extend your Membership Term from period to period you must authorize Fight-Flix or its agent to charge the check card on periodic anniversary dates and therefore to effect preauthorized transfers from the bank account that is associated with your check card. Your request to pay your recurring periodic Fight-Flix Online membership fee (plus applicable taxes), with preauthorized charges to your check card and your electronic execution of an acknowledgement of your acceptance of these terms and conditions constitutes your preauthorized electronic fund transfer authorization for future charges on your check card and your assent to these terms and conditions. You further acknowledge that the amount charged to your check card may be different from time to time, in accordance with these Fight-Flix Online Terms and Conditions, including, without limitation, differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, or charges for product not returned upon cancellation or termination of your membership, and you authorize Fight-Flix to charge your Payment Card for such varying amounts. You may cancel your Fight-Flix Online membership as described below. This cancellation will cancel any check card charge authorization that was to occur on any day after the date of cancellation. No refunds will be made for Fight-Flix Online membership fees already paid or charged. You may also cancel your preauthorized charge authorization by contacting your bank within a sufficient time to cancel the authorization (see your agreement with your bank for the terms and conditions of cancellation), but cancellation of your authorization with your bank will not serve as notice to Fight-Flix concerning cancellation of your Fight-Flix Online membership.

Electronic Fund Transfer Authorization By Checking Account Users. If the Payment Method you have provided is a checking account, you authorize Paypal.com ("Paypal") to create an EFT which will be presented to your bank for payment from your checking account. The checking account must be at a bank in the United States, and the check must be payable in U.S. Dollars. To extend your Membership Term period to period, you authorize Paypal to charge your checking account on periodic anniversary dates and therefore to effect pre-authorized transfers from your checking account. Your request to pay your recurring periodic Fight-Flix Online membership fee (plus applicable taxes) with pre-authorized charges to your checking account and your electronic execution of an acknowledgement of your acceptance of these terms and conditions constitutes your pre-authorized EFT authorization for future charges on your checking account and your assent to these terms and conditions. You further acknowledge that the amount charged to your checking account may be different from time to time, in accordance with these Fight-Flix Online Terms and Conditions, including, without limitation, differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, or charges for product not returned upon cancellation or termination of your membership, and you authorize Paypal to charge your checking account for such varying amounts. You agree that if an EFT is returned unpaid, you will pay a service charge of the maximum allowed by law. EFTs returned for insufficient or uncollected funds together with service charges, may be debited electronically from your account or collected using a bank draft drawn from your account. You may cancel your Fight-Flix Online membership as described below. This cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. No refunds will be made for Fight-Flix Online membership fees already paid or debited. You may also cancel your pre-authorized debit authorization by contacting your bank within a sufficient time to cancel the authorization (see your agreement with your bank for the terms and conditions of cancellation), but cancellation of your authorization with your bank will not serve as notice to Fight-Flix concerning cancellation of your Fight-Flix Online membership.

Promotional Offers. From time to time, in Fight-Flix Online's sole discretion, Fight-Flix Online may offer a reduced membership fee for the Fight-Flix Online service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the Fight-Flix Online service, your Payment Card will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee plus applicable taxes will be charged to your Payment Card for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Online Rental Terms and Conditions will be explained on the web page on which you land prior to beginning the sign-up process.

Free Trials. From time to time, in Fight-Flix Online's sole discretion, Fight-Flix.com may offer a free trial period to first-time customers, limit one per household and/or Payment Card. Where such an offer is made, at the time of registration for your free trial, your credit or check card will be authorized for one month of service plus applicable taxes, though your Payment Card will not be charged for the duration of the free trial period. Other terms of free trial offers, including duration of free trial, may vary. Specific details of your free trial not covered in these Online Rental Terms and Conditions will be explained on the web page you land on prior to clicking sign-up. Your trial period begins the day you sign up for Fight-Flix Online membership.

Upon completion of the free trial period, your subscription to Fight-Flix Online will renew automatically on a monthly basis regardless of the length of your free trial period. The first day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Card will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD. You will not receive any notification from Fight-Flix Online at the expiration of your free trial. Please note the expiration date of your free trial for your records.

During the free trial period, you will receive all of the benefits of the Fight-Flix.com 1 at a Time monthly plan for no charge. Free trial participants may receive as many rentals as they wish during the free trial, up to one title at one time. Membership may be cancelled or modified at any time prior to the end of your free trial by logging into your Paypal account and choosing to cancel. If you cancel your membership prior to the end of your free trial, all Fight-Flix Online Rentals must be received by Fight-Flix no later than ten (10) days past the expiration date of your free trial, or your Payment Card will be charged as explained in "Fight-Flix Online Rentals at Time of Cancellation or Termination," below.

Expiration of Payment Card or Other Refusal of Charges. If the Payment Card is no longer valid or expires or for any reason will not accept charges for any periodic membership fee, you have a period of 27 days from the date that your Payment Card was declined to visit Fight-Flix Online at www.Fight-Flix.com and provide new valid credit or check card information. If new valid credit or check card information is provided within the 27-day period and any past due Fight-Flix Online membership fees are paid, then Fight-Flix Online benefits will continue uninterrupted and this new credit or check card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Fight-Flix Online membership is canceled (your original anniversary date will still apply) and will become your Payment Card for all purposes. If you do not provide new valid credit or check card information within the 27-day period, then your Fight-Flix Online membership will terminate on either the 28th day from the date your Payment Card was declined or the last day through which your Fight-Flix Online membership was paid, whichever occurs later.

Cancellation by You. The initial periodic Fight-Flix Online membership fee is valid for an initial membership period starting on the date your paid membership begins and continuing through the periodic anniversary date. For example, if you are on a free trial membership and your free trial expires on June 17 and your paid Fight-Flix Online membership begins on June 18, your initial membership fee entitles you to Fight-Flix Online benefits until July 18 and your Payment Card will be charged on July 18 (the anniversary date) for the period of July 19 through August 18. You can cancel your Fight-Flix Online membership at any time and you will not be charged for any additional renewals. For example, if your anniversary date is the 5th of each month and you cancel your Fight-Flix Online membership on Oct. 20, then you will not be charged on Nov. 5 (for the Nov. 6 - Dec. 5 period) and your Fight-Flix Online Membership Term will terminate on Nov. 5. However, if you canceled on Oct. 2, then your Fight-Flix Online Membership Term would terminate Oct. 5. To cancel click on My Account, then click on Cancel My Account and follow the directions to complete the cancellation. When you cancel, you will be required to provide Fight-Flix with certain information regarding your reason for cancellation. There are no refunds for any time period (or portions thereof) already billed or paid for. Upon cancellation, Fight-Flix Online will stop the shipment of DVDs 15 days prior to the periodic anniversary date

Fight-Flix Online Rentals At Time of Cancellation or Termination. The rental period for Fight-Flix Online Rentals is the Membership Term remaining as of the date of rental. All outstanding rentals must be received by Fight-Flix Online no later than ten (10) days past the end of the Membership Term. For example, if your Membership Term ends on June 5 and on June 4 you receive a Fight-Flix Online Rental in the mail, that Fight-Flix Online Rental must be received by Fight-Flix Online on June 15th. If Fight-Flix does not receive any Fight-Flix Online Rentals by 10 days past the end of the Membership Term, your Payment Card will be charged $19.99 (plus applicable taxes) for each outstanding Fight-Flix Online Rental. If Fight-Flix later receives any Fight-Flix Online Rental for which you have previously been charged, Fight-Flix will refund to your Payment Card the amount of the charge, less a restocking fee of up to $4.20 per item. Fight-Flix may change both the amount that you are charged for unreturned product and the amount of any restocking fee at any time.

Modifying of Fight-Flix Online Memberships. You may modify your Fight-Flix Online membership plan, i.e., upgrade, downgrade, and/or change from a monthly plan to a plan with longer initial and renewal membership periods, as long as there is no lapse in your membership. To modify your Fight-Flix Online membership, send an email to sales@fight-flix.com, and request to modify. You will be asked to give your authorization to the new periodic membership fee. By modifying your Fight-Flix Online membership, you are also agreeing and directing Fight-Flix or its agent to continue to automatically renew your new Fight-Flix Online membership on each anniversary date applicable to the new membership plan, for the applicable membership fee (plus taxes) by charging your Payment Card until your Fight-Flix Online membership is canceled as provided herein. The new membership plan will begin on the day which would have been the anniversary date of the prior membership plan. When you modify your Fight-Flix Online membership, any outstanding Fight-Flix Online Rentals will automatically transfer to your new Fight-Flix Online membership. If you've downgraded, you must return any Fight-Flix Online Rentals that would exceed the new maximum number of Fight-Flix Online Rentals before you can rent additional DVDs. For example, if you downgrade from a two movie Fight-Flix Online membership to a one movie Fight-Flix Online membership plan, and you have two Fight-Flix Online Rentals checked out, you must return at least one Fight-Flix Online Rentals before you can rent any additional Fight-Flix.com Online Rentals. If you've upgraded, you can add additional Fight-Flix Online Rentals as of the effective date of your upgrade (which would be your normal anniversary date). For example, if you upgrade from a one movie Fight-Flix Online membership plan to a two movie Fight-Flix Online membership plan, and you have one Fight-Flix Online Rentals checked out, you may check out one additional Fight-Flix Online Rentals on the effective date of your upgrade.

Fight-Flix initiated Cancellations. Fight-Flix may suspend or cancel a Fight-Flix Online membership account, or otherwise restrict your use of Fight-Flix Online, in Fight-Flix's sole discretion, with or without cause.

Cancellation or Changes to Program by Fight-Flix. Fight-Flix may make changes to the Fight-Flix Online service, including any promotional offers and free trials, at any time, and from time to time, without prior notice. In addition, Fight-Flix may change the Fight-Flix Online periodic membership fees and the number or composition of permitted rentals from time to time, provided, however, that Fight-Flix will give prior notice via e-mail of any change to the periodic membership fees or price or the number or composition of permitted rentals that will adversely affect you. You agree that, unless you cancel your membership prior to the effective date of the change, you will be charged the new applicable Fight-Flix Online periodic membership fee (plus applicable taxes) on each anniversary date after the effective date of such change, and you authorize Fight-Flix to charge the new applicable periodic membership fee (plus applicable taxes) to your Payment Card. Fight-Flix reserves the right to suspend or end the Fight-Flix Online service (including, without limitation, ceasing to offer one or all of Fight-Flix Online membership plans, promotional offers or free trials) without prior notice, in Fight-Flix's sole discretion. Fight-Flix also reserves the right to suspend or end the Fight-Flix Online service in certain geographic areas without prior notice, in Fight-Flix's sole discretion. You agree that membership in Fight-Flix Online does not involve an extension of credit or a retail installment sale since Fight-Flix does not impose a finance charge and you may cancel membership at any time. Void where prohibited.