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Subscribe & Save Terms & Conditions

Welcome to the terms and conditions ("Terms") for our Subscribe & Save subscription ordering program (“Subscribe & Save”). These Terms are between you and Dot It Restaurant Fulfillment, LLC and/or its affiliates ("dotit.com", "we" or "us"), and govern your and our respective rights and obligations. The Terms constitute the entire agreement between you and Dot It Restaurant Fulfillment, LLC relating to Subscribe & Save. Please note that your use of the dotit.com website is also governed by our Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the dotit.com website, all of which (as changed over time) are incorporated into these Terms. By placing an order through Subscribe & Save, you accept these terms, conditions, limitations and requirements. If you do not agree to be bound by these Terms, you should not use Subscribe & Save. Please read these Terms carefully.

Benefits

Dotit.com reserves the right to change the Subscribe & Save benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions.

Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges, and the seller). If the item is unavailable when we plan to ship it, you authorize us to update your subscription or fulfill your order with a similar item that we believe will meet your expectations.

Your Subscribe & Save subscription will automatically create a new order according to your chosen delivery schedule, until you cancel.

We may, in our sole discretion, terminate your subscriptions at any time for any reason (including if you fail to comply with these Terms) and without notice. If we do so, you will only be charged for orders that have been shipped to you.

Eligible Purchases

Subscribe & Save benefits are limited to items displaying the Subscribe & Save offer message and the seller indicated in the offer message. Subscribe & Save is only available to customers shipping to addresses in the United States. Some eligible items may only be available for shipping within the forty-eight (48) contiguous US states. Your participation in the Subscribe & Save program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization.

Subscribe & Save discounts and any Subscribe & Save limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscribe & Save item information pages, and then only if you select the Subscribe & Save delivery method. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.

All returns under Subscribe & Save are subject to the dotit.com Returns policy. Subscribe & Save subscriptions are void where prohibited.

Payment; Renewal

The total cost charged to your payment method for each Subscribe & Save order will be the cost of the item on the day that order is processed less the Subscribe & Save discount, plus any applicable sales tax.

The charge for each Subscribe & Save item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Subscribe & Save order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your Subscribe & Save order.

Your subscription will remain in effect until it is cancelled. You can cancel at any time via Your Subscribe & Save Items page, which can be found in Your Account. If you cancel your subscription and then reactivate it, the discount applied to any Subscribe & Save item may not be the same discount in effect at the time of cancellation. If the Subscribe & Save discount percentage for such Subscribe & Save item changes, the new discount will be applied to your future shipments of that item.

Risk of Loss

The risk of loss and title for all items purchased through Subscribe & Save pass to you upon delivery of the item to the carrier, or based upon another shipping method as agreed to between the parties, including as set forth in an our invoice or purchase order.

DISCLAIMERS AND LIMITATION OF LIABILITY

EXCEPT AS SET FORTH IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS STATED IN THIS AGREEMENT, SUBSCRIBE & SAVE AND PRODUCTS ORDER PURSUANT THERETO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, AND NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS MADE THAT SUBSCRIBE AND SAVE OR ANY PRODUCTS WILL (AS APPLICABLE): (a) BE UNINTERRUPTED OR SECURE; (b) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (c) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) SUBSCRIBE & SAVE OR FOR ANY PRODUCT PURCHASED THEREON REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THOSE JURISDICTIONS WHERE THE LIMITATION OF LIABILITY SET FORTH HEREIN ARE NOT ALLOWED BY LAW, IN THOSE JURISDICTIONS WE DISCLAIM LIABILITY TO THE FULLEST EXTENT ALLOWED UNDER SUCH LAWS, BUT NOT LESS THAN DISCLAIMING LIABILITY FOR ANY DAMAGES RESULTING FROM THE SITE OR ANY PRODUCTS PURCHASES THEREON UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE SITES OR ANY PRODUCTS PURCHASED THEREON EXCEED US $100 IN TOTAL.

MISCELLANEOUS

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

This agreement shall be governed by the laws of the State of Texas without giving effect to its conflict or choice of law rules. The parties hereto agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this agreement does not apply and is strictly excluded. All disputes under these terms and conditions and all claims arising out of or related to this agreement shall be resolved by courts located in the State of Texas. The parties agree and consent to the exclusive jurisdiction and venue of the federal and state courts in the State of Texas, and you waive any jurisdiction or venue defense otherwise available.

The Terms of Use, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us and supersedes any prior or contemporaneous statements or representations.

You agree that data collected regarding your use Subscribe & Save can be used by us for the purpose you provided it, and for our other business purposes. You agree that we may transfer or assign the data in association with a sale or reorganization of our business, or the relevant portion thereof.

Agreement Changes

We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the dotit.com website), with notice to you via dotit.com or email communication. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOU SHOULD MONITOR THESE TERMS FOR ANY CHANGES, OR OUR WEBSITE FOR A NOTICE OF CHANGE TO THE TERMS. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.