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Lease Agreement

This Lease Agreement Is a Contract

College Marketplace Inc. (“CMI”) welcomes you to its online leasing fulfillment service and Web Site (“Web Site”). Any person who wants to access our Web Site to lease books and other materials (collectively, “Items”) or to use the other Lease Services provided (collectively, “Lease Services”) must accept the terms and conditions of this Lease Agreement without change.

CMI arranges the Lease Services. It is referred to in this Agreement as "CMI," “we” or “our.” The “Lessor,” which also is referred to as the “Provider,” is the person or company that will lease or is leasing the Items to you. You are the person who will be leasing Items, who is also referred to as the “Lessee”.

IN CERTAIN TRANSACTIONS CMI IS NOT THE OWNER OF THE ITEMS, AND IT DOES NOT HAVE ANY RIGHT TO LEASE THEM. IN THESE TRANSACTIONS, CMI IS ACTING STRICTLY AS AN INTERMEDIARY, FULFILLING A LEASING ARRANGEMENT BETWEEN PROVIDER AND YOU. IN SOME TRANSACTIONS CMI MAY ALSO BE THE PROVIDER. CMI’S LEASE SERVICES ARE DESCRIBED THROUGHOUT THIS AGREEMENT, IN PARTICULAR BUT NOT LIMITED TO PARAGRAPH A(1.2)(a).

You acknowledge that you have read and understood this Lease Agreement, in particular the clauses in this Lease Agreement relating to: (a) CMI’s disclaimer of warranties and limitations of liability; (b) protection and use of your personal data; (c) the manner in which CMI may make changes to this Lease Agreement; and (d) other matters, including CMI’s right to modify the Lease Agreement from time to time.

This Agreement incorporates all provisions of CMI’s Privacy Policy and Use Conditions & Guidelines, as if they were set forth again in this document. You can access these documents by clicking the highlighted terms in the previous sentence.

If you comply with the provisions of this Lease Agreement, CMI will lease to you Items as you may request, as specified on our Web Site and subject to the terms of this Lease Agreement (including documents incorporated herein) and applicable law.

1. General Requirements and Terms of Relationship

1. Requirements

1.1 Eligibility and Registration Requirements

a. Use of the Lease Services is limited to parties that can lawfully enter into and form contracts under the laws of the Commonwealth of Massachusetts and the United States. (For purposes of this Lease Agreement, the term “United States” means the several individual States, the District of Columbia, the Commonwealth of Puerto Rico, the organized possessions and territories under the jurisdiction of the United States Government and any Native American Indian reservations therein.)

b. Only Lessees who register with CMI, by entering into this Lease Agreement (“Participants”), may participate in any of the Lease Services that CMI offers on our Web Site. In order to lease Items through the Web Site, you agree to use (and supply information appropriate for) CMI’s Lease Services (described below).

c. Any Lessee who leases Items using our Web Site, unless we agree otherwise in writing: (i) must be a resident of, or a business established in, the United States; (ii) must have an address in the United States, to which we will mail all notifications and payments; and (iii) the goods you are leasing must be physically located in the United States at all times.

d. To register as a Lessee on our Web Site, in addition to entering into this Lease Agreement, you must provide your real name, your actual address, your actual phone number, your actual e-mail address and your own valid credit or debit card or other payment mechanism that CMI may accept from time to time. You warrant to CMI that the information you provide during the registration process (and any notification of change of such information) is true and correct. If such information should change, you promise that you will notify CMI promptly of the particular changes.

e. CMI reserves the right to reject any registration or any Lessee in its sole discretion.

f. If you provide false or incorrect registration information or do not notify CMI of changes to your registration information promptly, CMI reserves the right to terminate your account immediately and without notice to you.

g. You are responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and you are solely responsible for any use of or action taken under your password on this Web Site. If your password is compromised, you must change your password.

h. Employees, independent contractors, representatives or agents of CMI and its affiliated entities are permitted to participate in their personal capacity (i.e., not as CMI employees, contractors, representatives or agents) in the transactions conducted through this Web Site, subject to CMI’s internal policies, if any. Any such CMI employee, independent contractor, representative or agent, when participating in any transaction in his/her/its personal capacity, is subject to this Lease Agreement and to any internal CMI policies

1.2 Relationship; Lease Agreement Fulfillment

a. CMI will provide the following services: (a) advertise for its own account Items that any Provider offers for lease to Provider’s actual or potential customers (such as you), but not solicit any particular leasing transactions; (b) accept for its own account of orders from a Provider or a customer (electronically or by mail, telephone, telefax or Internet) for leases between Provider and customers of Items ; (c) responses for its own account to Provider or customer inquiries (electronically or by mail, telephone, telefax or Internet); (d) billing, remittance and associated recordkeeping activities for its own account concerning such leases ; and (e) arranging for Provider’s or customer’s shipment of orders to the other from an inventory of Provider’s Items that Provider maintains and offers for lease to customers.

b. Once Provider has approved a lease of any Items, and CMI has agreed to fulfill the lease, CMI may communicate with Provider and Lessee regarding any number of circumstances and details. These communications may occur via e-mail, mail or other delivery mechanisms and may include communications for other Lease Services that CMI provides, or other services that CMI or its affiliates and business associates provide. You consent to receiving such communications.

c. If any law requires that an agreement for the lease of any Item leased through our Web Site must be in writing or in some specific form, then you agree to supply and sign (or otherwise authenticate) such writing or form (as the case may be) with respect to each particular Item leased, no later than that date on which any lease occurs or within five days after CMI requests you to do so, whichever occurs last.

d. Unless CMI and Lessee expressly agree otherwise, the following terms and conditions apply to any Lessee for the lease of any Item:

i. Lessee is required to make full payment to the Lessor by means of CMI’s Payment Services (as defined and described below).

ii. Lessee will endeavor to ship any Items leased promptly after CMI verifies all requisite information, including but not limited by kind or nature to the accuracy of all payment and delivery information that Lessee has supplied, shipping availability and CMI’s inventory stock. CMI makes no warranty or guarantee as to the time it will ship out any requested Item or its delivery to Lessee.

iii. Lessee must pay any and all sales, use, gross receipts, privilege and other similar tax(es) and other governmental charge(s) on Leasing Transactions imposed by any taxing authority (but excluding any taxes imposed on net income), including any interest and penalties relating the lease of any Items. Collectively, we refer to all of these as “Taxes.” CMI will initially determine and collect and remit the Taxes to the Lessor; however, no such activity is intended to relieve Provider or Lessee of any duties it may have with respect to the payment of Taxes.

iv. Unless we agree otherwise in advance and in writing, the price of any Items leased through our Web Site will not include any Taxes, delivery charges or other fees associated with the lease of any Item. These charges are in addition to the price for the lease of the Item and will be added to you cost for the lease.

v. Lessees are required to pay or arrange for payment of all charges associated with the lease of any Item in United States dollars; no other currency is permitted;

vi. CMI makes no warranties, express or implied with respect to any Item [see sections A (1.5) and (1.6) below]; and

vii. The laws of the federal government of the United States and of the Commonwealth of Massachusetts, and only these laws, govern this contract between CMI and Lessee. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and of the United States for any district encompassed by or encompassing Suffolk County, Massachusetts.

e. In connection with your lease of an Item, you must select a lease return date. You may also extend the lease return date, for a charge as specified on the Web Site. The lease return date (as it might be extended) will appear on your order confirmation as well as in the order details displayed on the Web Site. By leasing an Item, you agree to use CMI’s leased Items returns process and to return the leased Item to Provider using the printable, shipping label that CMI will provide as part of that process. You agree that failing to use this process, including the supplied label, may result in you not getting credit for the return of the leased Item(s).

f. You agree also that you are responsible for remembering the lease return date (as it might be extended) and returning the leased Item(s) within the timeframe specified. If your return has not been delivered to Provider or to a nationally recognized carrier for delivery to CMI by the lease return date, you will be charged a late fee, as described below.

1.3 Termination

CMI, in its sole discretion, may terminate this Lease Agreement, access to our Web Site or the Lease Services, or any leases or offers for same, immediately and without notice, for any reason (including but not limited by kind or nature to alleged infringements of intellectual property rights) or for no reason.

In particular, CMI reserves the right to terminate, in appropriate circumstances, this Lease Agreement, access to our Web Site or the Lease Services, or leases or offers for same to any person who: (a) is deemed to infringe third-party intellectual property rights; or (b) fails to pay any amount due and owing to CMI in connection with any actual or proposed lease of any Item.

1.4 Security Measures

As a security measure, we may, but are not required to, impose transaction limits on one or more lessees relating to the value of any transaction, the cumulative value of all transactions or the number of transactions per given period of time (“Velocity Limits”). In computing the Velocity Limit for any given Lessee, we may, but are not required to, consider transactions undertaken in a particular lessee’s capacity other than as a Lessee under this Lease Agreement, such as a buyer or seller in CMI’s marketplace. We will not be liable to any person: (a) if we do not proceed with a transaction that would exceed any Velocity Limit that we have established; or (b) if we permit a person to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.

We reserve the right to delay initiating a lease transaction pending an investigation if we, in our sole discretion, believe the Lessee may have breached this Lease Agreement.

1.5 No Warranties

OUR WEB SITE, THE ITEMS AND THE LEASE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CMI MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE AND NON-INFRINGEMENT; (b) THAT OUR WEB SITE, THE ITEMS OR THE LEASE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, ITEMS OR PRODUCTS INCLUDED ON OUR WEB SITE WILL BE AS REPRESENTED, LAWFUL TO LEASE, OR THAT THE ITEM LEASED IS AS PROMISED; (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CMI. IN EACH CASE, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CMI DISCLAIMS ANY AND ALL SUCH WARRANTIES.

WE SPECIFICALLY DO NOT WARRANT THAT ANY ITEM, THE WEB SITE OR THE LEASING SERVICE WILL BE ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT ANY ITEMS, THE WEBSITE, THE LEASING SERVICE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ANY ITEMS OR THE RESULTS OF THE USE OF OUR WEB SITE OR LEASING SERVICE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTH ERWISE.

ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU MAY OBTAIN FROM CMI (OR ANY OF ITS EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR AGENTS IS NOT INTENDED TO CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

1.6 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CMI WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, STATUTE OR OTHER RULE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE LEASE AGREEMENT, OUR WEB SITE, THE LEASE SERVICES, THE INABILITY TO USE THE LEASE SERVICES OR THOSE RESULTING FROM ANY GOODS OR LEASE SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR FEEDBACK OR RATINGS POSTED TO OUR WEB SITE OR TRANSACTIONS ENTERED INTO THROUGH THE LEASE SERVICES, WHETHER OR NOT CMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

CMI’S LIABILITY IS LIMITED TO THE LESSER OF $250.00 OR THE CHARGES DUE WITH RESPECT TO THE LEASE OF THE ITEM(S) THAT ALLEGEDLY HAVE CAUSED DAMAGE AND THAT WERE LEASED PURSUANT TO THIS LEASE AGREEMENT. THE FOREGOING LIMITATION SHALL APPLY TO ALL CLAIMS REGARDLESS OF THE NATURE THEREOF, INCLUDING CLAIMS ASSERTED AS A BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL CMI BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS.

ANYTHING ELSE CONTAINED IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR OTHER AUTHORIZED REPRESENTATIVES.

1.7 General Provisions

a. Entire Agreement. This Agreement, including any documents incorporated herein, constitutes the entire agreement of CMI and Lessee with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

b. No Agency; Third-Party Beneficiary. CMI is not any Lessee’s agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended to be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. Lessee is not intended to be a third party beneficiary of any other agreement to which CMI is or may become bound with respect to any Item or transaction contemplated by this Lease Agreement, including but not limited to data security standards established by the Payment Card Industry Data Security Standards or other sources.

c. Personal Data. CMI uses your personal data, including credit card, debit card, banking and other financial information, in the manner set out in the Privacy Policy, which is incorporated into this Lease Agreement by reference, and as set forth in this Lease Agreement. By using the Lease Services and our Web Site, you consent to the collection and use of your personal data by CMI in the manner set out in the Privacy Policy and in this Lease Agreement. If we decide to change our Privacy Policy, we will post those changes on the Privacy Policy page so that you are always aware of what information we collect, how we use it, and under what circumstances we may disclose it. You should check the Privacy Policy frequently for changes.

d. Severability. If any provision of this Agreement should be deemed unlawful, void or (for any reason) unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

e. No Waiver. CMI’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of CMI’s right to enforce such provision or any other provisions of this Agreement.

f. Variations. This Lease Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. CMI reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing our Web Site or Lease Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on our Web Site. All notice of changes to this Agreement will be posted on our Web Site for thirty days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.

g. CHANGES AND MODIFICATIONS. YOUR CONTINUED USE OF THIS WEB SITE AND THE LEASE SERVICES FOLLOWING CMI’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THE LEASE SERVICES OR THIS WEB SITE.

h. Notices. Notices can be sent to you at the e-mail address or any other address that you have provided to CMI. You may send notices to CMI as follows:


College Marketplace Inc.
268 Summer Street, Suite 502
Boston, Massachusetts 02110

i. Governing Law. This Lease Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the United States and of the Commonwealth of Massachusetts, and you irrevocably submit to the exclusive personal jurisdiction of the courts of the Commonwealth of Massachusetts or the Courts of the United States for the district encompassing or encompassed by Suffolk County, Massachusetts.

j. Business Day. Accordingly, for purposes of this Lease Agreement, a “Business Day” means a day in which banks in the United States generally are open to the public for conducting substantially all customary business functions.

k. Disputes. Any dispute relating in any way to your visit to CMI or to products you purchase through CMI must be submitted to confidential arbitration, in Suffolk County, Massachusetts. However, if we should claim that you, in any manner, have violated or threatened to violate CMI’s intellectual property rights, CMI, in addition to any other remedies it may have, may resort to arbitration as described in the preceding sentence or seek injunctive or other appropriate relief in any state or federal court. If we do resort to a court in such a case, you hereby agree that such court may exercise personal jurisdiction over you and that venue may be laid in such a court.

CMI and you agree that such arbitration will be conducted under the rules then prevailing of the American Arbitration Association. We also agree that any arbitration award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

l. Digital Millennium Copyright Act. This federal law gives rights to online service providers such as CMI, its users and people who claim rights to intellectual property that may be sold via our online marketplace.

Please read the section of our Use Conditions and Guidelines entitled NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

IT IS ESSENTIAL THAT EVERY LESSEE READ AND UNDERSTAND THIS SECTION OF OUR USE CONDITIONS AND GUIDELINES, SINCE CMI REGARDS THEM AS PART OF THIS AGREEMENT.

CMI considers any person who attempts to lease products on its Web Site to be a “Subscriber” or an “Account Holder” under 17 U.S.C. 512, a portion of a United States law known as the “Digital Millennium Copyright Act.”

2. Lessee Requirements

1. Lessee’s Obligations with respect to leased Items

1.1 Lessees Warranties

By leasing any Item:

a. You represent and warrant to CMI that: (a) the Item(s) you intend to lease from CMI will remain free from any third party claims, liens or encumbrances; (b) you will be solely responsible for the condition of the Item(s), as well as returning it/them to CMI on or before the lease return date (as it might be extended) in approximately the same condition as it/they were in when you received it/them; and (c) you are at least 18 years of age.

b. Unless we have agreed with you in advance and in writing to the contrary, you represent and warrant to CMI that: (a) you will use the Item(s) strictly in accordance with applicable law; (b) the Items you are leasing are physically located in the United States at the time of lease; (c) the Items you are leasing will be used exclusively in the United States.

c. You further warrant that you will inspect any leased Item immediately upon receipt and notify CMI of any defects concerning the Item or errors in your leasing order no later than five days after the Item has been shipped to you.

2. Lessee’s Fees

2.1 By leasing an Item from CMI, you agree to pay the price for that Item as specified, plus the shipping costs to you and from you for the Item, plus any late charges therewith, all as specified elsewhere on the Web Site, plus a damage fee (in CMI’s sole discretion) for any damage to the Item up to the replacement cost for the Item, plus Taxes.

If you have not returned the item by the due date and we are unable to charge your credit/debit card, it is your responsibility to pay the fee immediately. You will be notified via email if your credit/debit card was declined and have 30 days to pay this fee before your account is turned over to a third-party collection agency. All accounts sent to collections are subject to an additional $25.00 fee.

2.2 The fee for leasing an Item is the fee as stated on the Web Site displaying the information concerning that Item. Any Taxes due on any lease transaction are determined by appropriate governmental authorities. Any return shipping cost for the return of a leased Item will be determined by the carrier you choose to return the Item.

Once a leased Item is in your possession, you are responsible for its condition. Damage to a leased Item includes any status of the Item that makes it unusable as a leasable Item, such as (for books) any water damage, a broken spine, missing pages, missing or torn covers, excessive highlighting, excessive or inappropriate notes or any other such status of the Item that makes it unsuitable for future use. If a leased Item is returned in damaged condition (even if the shipper is responsible for the damage or if it was returned without proper packaging material, you are responsible. Therefore, CMI reserves the right, in its sole discretion, to assess a damage charge up to the replacement cost of the Item, and if such a fee is assessed, the Item will not be returned to you.

2.3 CMI’s fee schedule and other payment terms may vary in the future. The fee schedule and payment terms in effect on the date a transaction takes place will govern the transaction. You should check the fees and terms each time you lease an Item.

All fees are payable upon demand, and the leasing fee and Taxes are due and payable before CMI ships to Item to you. By leasing at Item from CMI, you authorize CMI to charge your credit/debit card or other authorized payment mechanism for all and any amounts due as and when due.

2.4 CMI reserves the right to provide third parties with information relevant to the collection of any amounts due for items not returned, extended without approval, or damaged beyond terms. We will disclose your personal information without your consent to collect delinquent fees outstanding, protect or enforce our rights, protect or enforce the rights of a third party, or as may be required by law.

3. Payment

In order to lease Items through our Web Site, you must register with CMI to use the CMI payment service (“Payment Service”). The Payment Service facilitates the lease of Items listed on our Web Site for lease. CMI will charge a Lessee’s authorized credit card, debit card or other payment mechanism (“Payment Transaction”) for the Item(s) that you wish to lease.

A Lessee must register online with CMI to use the Payment Service. A Lessee must provide CMI with true and accurate information when registering and must maintain and update that information as applicable. A Lessee must not impersonate any person or use a name he/she/it is not authorized to use. Each Lessee authorizes us to use any information provided to us in registering for the Payment Service to verify his/her its information (including any updated information), to obtain credit reports about the Lessee from time to time while the Lessee is registered with the Payment Service and to obtain an initial credit authorization from the Lessee’s credit or debit card issuer or other payment facility.

The Payment Service is available only to individuals and others who meet the terms of eligibility for the CMI online leasing community and who have been issued a major credit/debit card or have another suitable payment mechanism that CMI accepts. CMI accepts VISA, MasterCard, American Express and Discover credit and debit cards, and it accepts PayPal.

CMI will store your credit card information, including the card number, its expiration date, security code data and other data from time to time. In addition, we will store other information concerning you, including the information described in the Examples of Information Collected section of the Privacy Policy. You agree that CMI may do so, and you also agree that CMI may charge you for all expenses incurred concerning any leasing transaction for any Item as set forth in this Leasing Agreement. Furthermore, you agree to allow CMI to charge you for any additional amount if you choose to buy or are deemed to have purchased a leased Item at any time during the lease period, and for any damage, extension or replacement fees associated with your lease.

4. Web Site

CMI’s Web Site generally is available seven days per week, twenty-four hours per day, except for scheduled or unscheduled systemic interruptions and scheduled downtime due to system maintenance. CMI can initiate leasing transactions, and verify payment, when automated clearinghouses are open for business.

5. Applications

The Web Site may contain links to websites or links and/or other connections to other applications (“Applications”). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by CMI. Unless otherwise noted on the CMI Web Site, these Applications are provided solely as a convenience to you. CMI is not responsible for and does not endorse the content of such Applications.

If you use such Applications, you acknowledge and agree to the following: (a) if you use an Application to share information relating to your CMI account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if CMI has not provided such information; and (iii) your use of an Application is at your own option and risk.

CMI DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

6. Indemnification

You agree to indemnify, defend and hold harmless CMI (and its affiliates, and their respective officers, agents, partners, employees, independent contractors, representatives and other agents), from and against any loss, liability, claim or demand, including reasonable attorneys' fees and disbursements, due to or arising out of your use of the Web Site or the Leasing Service violation of this Lease Agreement.

7. Notices

All notices may be sent by e-mail, or to a post office mail address, or by other electronic and/or digital means. By registering as set forth in this Lease Agreement, you consent to receiving such communications. CMI reserves the right to post notices on its Web Site. If CMI sends notices, it will do so to the Lessee at the e-mail address or other address that CMI maintains for any Lessee. Lessee must monitor his/her/its e-mail messages and accounts frequently to ensure awareness of any notices that CMI may send.

Lessees must send notices to us at our current mailing address, or to our current e-mail address, in each case as these may be published from time to time on our Web Site.

E-mail notices are intended to be treated as written notices for all purposes for which written notices may be required. E-mail notices are deemed received on the first “Business Day” after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed with the U.S. Postal Service, postage paid, First Class mail properly addressed or personally delivered by a nationally recognized express courier.

First Class mail to CMI is properly addressed if sent by us to the address published from time to time on our Web Site, and First Class mail to the Lessee is properly addressed if sent to the current address Lessee has supplied to us from time to time. First Class mail is deemed received three Business Days after it is deposited with the U.S. Postal Service. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.

Last updated: August 19, 2013

USING THIS WEB SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEB SITE.

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