Please read the following carefully.
By completing our membership form you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them.
If you have any questions with respect to these Terms, please contact firstname.lastname@example.org. Your acceptance of these Terms creates a binding contract governing the terms of your membership in the Black Dog Gelato Pint Club (the “Club”). No other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by Black Dog Gelato as in accordance with these Terms.
Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive three pints each month in the following flavor pack options -- Signature, Featured, and Dairy-Free -- and additional Club member benefits as provided by Black Dog Gelato. The member benefits are presented in more detail on the Black Dog Gelato’s Pint Club page on blackdoggelato.com…
All fees for Club memberships and associated charges, such as delivery charges and other related charges, are automatically billed to your credit card.
Membership Term, Changes, and Renewal
Ongoing Monthly Memberships renew every month automatically until cancelled. Members have the option to cancel after a 3-month minimum purchase. Ongoing Monthly Members have the option to “swap” their flavor selection for the pint packs on a monthly basis, as long as the swap is done by the deadlines outlined in the FAQ section.
3-Month Pint Pack Gift Subscriptions are pre-paid* with a set term of 3 months, and expire at the end of the 3-month period. Members do have the option to renew their membership at the end of the period, or choose another membership. *Members who purchased 3-Month Subscriptions prior to 11/4/2020 will be billed on a monthly basis as indicated during their checkout until the membership has been fulfilled.
6-Month Pint Pack Gift Subscriptions are pre-paid* with a set term of 6 months, and expire at the end of the 6-month period. Members do have the option to renew their membership at the end of the period, or choose another membership. *Members who purchased 6-Month Subscriptions prior to 11/4/2020 will be billed on a monthly basis as indicated during their checkout until the membership has been fulfilled.
Member benefits are non-transferable.
In the event of any circumstances outside of the control of Black Dog Gelato and which prevent, hinder or delay Black Dog Gelato from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or an inability to obtain supply and materials, Black Dog Gelato’s obligations will be suspended for the term of such event or Black Dog Gelato may elect to cancel the Club or Club membership for the affected members.
YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY BLACK DOG GELATO AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BLACK DOG GELATO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. BLACK DOG GELATO WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BLACK DOG GELATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By joining the Club, you agree to defend, indemnify, and hold harmless Black Dog Gelato and its affiliates, and their respective owners, officers, directors, employees, representatives, and agents, from and against any and all losses, claims, damages, costs and expenses related to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership.
Black Dog Gelato requires certain personal information from you to verify and administer your Club membership, and you agree that you have freely provided that information. Any personally identifying information you provide to Black Dog Gelato or any affiliated companies may be used for our internal business and for account management, customer service, and related purposes. However, your personally identifying information will not be sold, licensed, or disclosed to any parties other than Black Dog Gelato’s affiliates. You authorize Black Dog Gelato to send you marketing communications and special offers as part of your membership benefits. You can unsubscribe or opt-out at any time. Notwithstanding any other statements or representations contained here or elsewhere, Black Dog Gelato reserves its right to disclose any information in its possession if it is required to do so by law or legal process, or if it believes, in good faith, that such disclosure is necessary to comply with the law or legal process, to defend its rights or to respond to an emergency situation. If you are concerned about the information you have provided to Black Dog Gelato or have any questions regarding the retention of that information, please [insert contact details]. Black Dog Gelato will make reasonable efforts to resolving any concerns.
Governing Law; Venue
These Terms are governed by the substantive laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Cook County, Illinois with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Black Dog Gelato with respect to your membership in the Club and the goods, services, and benefits provided by Black Dog Gelato and related to the Club.
Change in Terms
These Terms shall remain in full force and effect while you are a member of the Club, and only Black Dog Gelato may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Black Dog Gelato may make any such changes at any time, with or without notice. Provided, however, that any revision shall not apply to disputes of which Black Dog Gelato had noticed on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit the Club’s Terms & Conditions page available under the Pint Clube page on the Website.