1.1 The RentalSite Business Listing Service ("RentalSite Listing Service" or the "Service"), owned and operated by RentalSite LLC ("RentalSite") is provided to you ("you" or "Applicant") under the terms and conditions of this RentalSite Business Listing Service Agreement (the "Agreement").

1.2 RentalSite operates RentalSite.com, EquipmentRental.com and SpecialEventSite.com and offers the Service on each of these websites (the "Directory Sites").

1.3 BY COMPLETING THE SERVICE SUBMISSION FORM, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.4 RentalSite reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.

2.0 DESCRIPTION OF RENTALSITE BUSINESS LISTING SERVICE

2.1 RentalSite Listing Service is a fee-based service provided by RentalSite to include your web site in RentalSite's directory of businesses located on the Directory Sites. The current fee schedule is available for review at: http://rentalsite.com/Docs/popupRateCard.php3. This amount is nonrefundable, including if RentalSite determines, in its sole discretion, that your site is not eligible to be listed in the Directory Sites. Inclusion in the Directory Sites is not guaranteed. Your web site's continued inclusion in the Directory Sites will be subject to additional review each year and to the applicable, then current NON-REFUNDABLE recurring annual fee ("Recurring Annual Fee").

2.2 In order for RentalSite to consider your site for initial inclusion or continued inclusion in the Directory Sites, you must either submit a valid credit card number as part of the submission or extension process or have made payment arrangements with RentalSite offline. You agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for the RentalSite Listing Service. RentalSite, however, reserves the right to remove your site if it fails to meet the minimum criteria in section 3.0 below.

2.3 The RentalSite Listing Service includes the StoreFront Listings, Featured Listings and Linked Listings on the Directory Sites.

2.4 NOTHING IN THIS AGREEMENT OBLIGATES RENTALSITE TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON RENTALSITE OR IN THE DIRECTORY SITES. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES RENTALSITE TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

3.0 MINIMUM SITE CRITERIA

3.1 All web sites submitted to RentalSite Listing Service must meet the following minimum criteria:

• If the site is a commercial web site, the official business name must be visible to any visitor to that site;
• The site must clearly define its purpose, products, and/or services;
• The site must contain substantively unique content, as determined by RentalSite's editorial staff (for example, a user who submits multiple URLs to the same content is not submitting substantively unique content);
• If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;
• The site must not contain any parts under construction;
• All links on the site must work (and must link to relevant content);
• The site must be in the English language (or have an English version available);
• The site must support multiple browsers and capabilities (e.g., no Java-only sites);
• The site must be up and running 24 hours a day, 7 days a week;
• The site must not contain any content, products, services or other information that, in RentalSite's reasonable determination, may be illegal to sell under any applicable law, statute, ordinance or regulation, that may infringe or violate anyone's rights, or that, RentalSite believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of RentalSite Listing Service.

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND RENTALSITE, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A SITE.

4.0 SELECTION AND LISTING OF SITES

4.1 RentalSite reserves the right to decide whether, where, and how a site is listed in the Directory Sites. If RentalSite accepts your site for inclusion in the Directory Sites, RentalSite will consider your preferences, but reserves the right to list your site in any category or subcategory as RentalSite deems appropriate, in its sole discretion. Once RentalSite accepts a site for inclusion in the Directory Sites, that site shall be treated as any other listing in the Directory Sites. RentalSite reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in the Directory Sites.

4.2 RentalSite also reserves the right, in its sole discretion, to remove your site from the Directory Sites, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.

5.0 FEEDBACK

5.1 If the site is rejected, Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by RentalSite. RentalSite must receive the Applicant's email within thirty days from the date that RentalSite transmits the rejection email to the Applicant. If the request is timely received, RentalSite will again review the Applicant's site and will then notify Applicant of its final decision regarding including the site in the Directory. If RentalSite reaffirms its denial of the site, no further appeals or submissions will be considered.

5.2 If RentalSite accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, at no additional charge by sending an email to the address provided by RentalSite. If the request is timely received, RentalSite will again review the Applicant's site and will then notify Applicant of its final decision regarding the site.

6.0 RESPONSIBILITY FOR INFORMATION

6.1 You are responsible for insuring the information included in your listing is accurate. Potential customers will rely on the listing information in order to contact you.

6.2 You are responsible for protecting against unauthorized access to your password and to your computer. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

7.0 APPLICANT PRIVACY

7.1 RentalSite maintains information about Applicant on RentalSite servers, including but not limited to Applicant's registration information. Applicant agrees that RentalSite may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that RentalSite may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of RentalSite or others; provided, however, that nothing in this section shall impose a duty on RentalSite to make any such disclosures.

7.2 RentalSite may contact Applicant regarding RentalSite Listing Service using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from RentalSite's advertisers.

8.0 INDEMNITY

Applicant agrees to indemnify, defend and hold harmless RentalSite, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. RentalSite reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.

9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

RENTALSITE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF RENTALSITE IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, RENTALSITE'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR RENTALSITE'S CONTINUED LISTING OF A SITE IN THE DIRECTORY SITES.

RENTALSITE'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO RENTALSITE UNDER THIS AGREEMENT.

10.0 FORCE MAJEURE

RentalSite is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

11.0 NOTICES

Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to RentalSite, such notices shall be addressed to support@RentalSite.com or to RentalSite LLC at 2101 E. Coast Highway, Suite 201, Corona del Mar, California, 92625, USA. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that RentalSite is notified of any changes to Applicant's address as specified in this Section.

12.0 ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the RentalSite Terms of Service and the RentalSite Privacy Policy.

13.0 GENERAL

The Agreement and the relationship between Applicant and RentalSite are governed by the laws of the state of California, U.S.A. without regard to that state's conflict of laws rules. Applicant and RentalSite hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of Orange or the United States District Court for the Southern District of California for the resolution of disputes arising from or in connection with this Agreement. RentalSite's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of California for the County of Orange or the United States District Court for the Southern District of California within one (1) calendar year after such claim or cause of action arose or be forever barred.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.