Terms of Use

Welcome to Dozy Oats!  These Terms of Use (“Terms”) govern the use of our website (dozyoats.com) (the “Website”), including the offer and sale of premier oat products, and all information, tools and services (collectively, the “Services”) offered by Dozy Oats, Inc., a Massachusetts Corporation with offices located at 14 Crystal Street, Newton, MA 02459 ("Dozy Oats," “we,” “us”, or “our”).

These Terms are inclusive of our Privacy Policy (“Privacy Policy”), and any and all other applicable operating rules, policies, procedures, and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, our “Policies”).

Users of our Services (“you”) must accept these Terms in their entirety to (a) create an account on our Website, (b) purchase products from our Website, (c) register to receive communications from us, (d) use various contact forms and/or contact information made available on our Website as a means to contact directly, or request to be contacted by us, and (e) otherwise use the Services; however, these Terms apply to all users of our Website, regardless of whether they create an account or purchase products from us, including individuals who are simply browsing our offerings. 

PLEASE REVIEW THESE TERMS CAREFULLY. IF YOU NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.   BY USING OUR SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE MATERIALS HYPERLINKED AND REFERENCED HEREIN; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO ABIDE BY THESE TERMS, AS WELL AS OUR POLICIES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE OR PURCHASE PRODUCTS FROM US.

A.  USE OF THE WEBSITE

  1. Acceptable Use of the Services
    You may only use the Website in accordance with the Policies, any terms, license, and documentation provided by us, whether or not such materials are incorporated herein by reference.  Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Website or purchase products from us, at our sole discretion.
  1. Availability of the Services
    The Website may be accessible worldwide, but this does not mean all of our Website features or Services are available or legal in your country. We may block access to certain aspects of our Website or Services in certain countries. It is your responsibility to make sure that your use of the Website is legal where you use them. The Website is not available in all languages.  Please note that we currently only ship products within the United States. 
  1. Purchases; Account Creation and Maintenance
    You can create an account and use the Website and Services, in which case, we will ask you for select information that is needed to provide you with access to the Services, including your name and contact information. We will store this information as stated in our  .  You agree to provide accurate and complete information in in connection with your account or which you otherwise provide to Dozy Oats— and you agree to keep all such information current.

    Users who create accounts in connection with our Services must use a with a unique email or username and password that satisfies Dozy Oats’ login credential and password requirements. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share their username or password with anyone. You are responsible for safeguarding their username and password and for any use of the Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to their password. You further agree not to use the account or log in with the username and password of another user of the Services.

    Notwithstanding the foregoing, purchases of our products will be facilitated via our e-commerce platform partner, Shopify.  We will not store any payment information in our systems or on our servers.  We will not be liable to you or to any third-party for any inability to use the Services due to third party suspension, action, or inaction.

  2. Eligibility
    The Services and Website are not for use by anyone under the age of 18.  To use the Services and Website, you agree that: (1) you are at least of the  Minimum Age (defined below) or older; (2) you will only have one Dozy Oats account, which shall be in your real, legal name; and (3) you are not already restricted by Dozy Oats from using the Services. “Minimum Age” means 18 years old; however, if the law requires that you must be older in order for Dozy Oats to lawfully provide the Services to you without parental consent (including using of your Personal Information (as defined in our  )), then the Minimum Age is such older age.  Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18. 

  3. Communication
    You agree that we may provide notices and messages to you in the following ways: (1) on the Website, or (2) sent to the contact information that you have provided us in connection with your account.

  4. Your Obligations
    You agree to comply with all applicable laws, rules and regulations and Dozy Oats’ Policies and such other documentation which may be provided or made available by Dozy Oats as may be amended by Dozy Oats, in its sole discretion, from time to time.  You are solely responsible for monitoring the Website for updates and changes to such materials. 
B.  PRODUCTS
  1. Generally
    Dozy Oats is happy to offer its products for sale on its Website. Our products remain, at all times, subject to the disclaimers contained herein and on our Website.

    We take pride in our unique flavor combinations and array of products.  Products may be available in limited quantities only.  We reserve the right to refuse any order placed by our customers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

    We offer detailed information about our products on our Website.  If you have any questions about our products, please feel free to reach out to us at dozy@dozyoats.com.  With that being said, we are offering our products for sale online and, although we have attempted to include pictures which are as reflective of our products as possible, we cannot guarantee that your device’s display of any color will accurately portray the product that you will receive.  We do not warrant that the quality of any products purchased or obtained by you from Dozy Oats will meet your expectations, or that any errors in the Service will be corrected.

    We reserve the right, to limit the sales of our products to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis. We currently only ship our products to the United States. We also reserve the right to limit the quantities of the products that we offer for sale on our Website.

    We may, at our sole discretion, to (a) update or change the descriptions of our products at anytime without notice and (b) discontinue any product at any time. Any offer for any product made on our Website is void where prohibited.
  1. Payment
    When you purchase products from our website, you will be required to submit a form of payment to Shopify, (“Payment Method”) which will be charged the amount listed on the Website for the subject price of the product(s), as well as shipping and handling and applicable sales tax. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.

    The fees associated with your purchases will appear on your Payment Method statement through the identifier “Dozy Oats” or substantially similar identifying language [. All prices displayed on the Website are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to consume or otherwise use the products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the certain other billing provisions with Dozy Oats in effect at any given time. Upon reasonable prior notice to you (with Website updates and/or email communication sufficing), we reserve the right to change such billing provisions whenever necessary, in its sole discretion. Continued use of the Website and/or purchase of products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
  1. Pricing and Inventory
    We reserve the right to change our products and pricing without notice.  We also reserve the right at any time to modify or discontinue products without notice at any time.

    In the event that our products are listed at incorrect price points due to a typographical error or an error in pricing information received from our suppliers, we may refuse or cancel any orders placed for the products listed at the incorrect price. We have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not you paid for the subject products. If you have already paid for the products and the order is subsequently cancelled, we will promptly issue a credit to your payment method in the amount of the subject charge.

    Our Website contains products inventory information.  This information can be used to estimate the likelihood that the applicable products will be shipped immediately after you place your order.  Unfortunately, we cannot guarantee that products that are listed as “in stock” will ship, as inventory can change significantly from day-to-day, and hour-to-hour.  In rare cases, products may be in stock when you place your order and sold out by the time that your order is processed.  Should this happen, we will notify you via the email address that you have provided.  If for any reason we determine that the product is no longer available, we will promptly notify you via email to resolve the issue.
  1. Return Policy
    Our products are not eligible for return.  However, if for any reason, you are dissatisfied with our products, please contact us at dozy@dozyoats.com and we will attempt to address your concern. 

 C.  INTELLECTUAL PROPERTY

  1. Dozy Oats’ Intellectual Property
    “Dozy Oats Content” includes any text, graphics, images, music, Services, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or the Website to you. Except for your Personal Information (as defined in our  ), the Services and the Website and any underlying code and technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. Dozy Oats reserves all of its intellectual property rights in the Services, Website, and Dozy Oats Content and Services.  You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.  All such rights are expressly reserved by Dozy Oats.

    You may not use Dozy Oats trademarks or in any manner including in any metatags or any other "hidden text" without Dozy Oats’ express written permission.  Reference by Dozy Oats to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Dozy Oats.

    Dozy Oats reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Services.

  2. Unacceptable Use of the Website and Services
    Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (a) use, display, mirror or frame the Services or any individual element within the Services, Dozy Oats’ name, any Dozy Oats trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dozy Oats’ express written consent; (b) access or tamper with non-public areas of the Services, Dozy Oats’ computer systems, or the technical delivery systems of Dozy Oats’ providers; (c) test the vulnerability of any Dozy Oats system or breach any security or authentication measures; (d) circumvent any technological measure implemented by Dozy Oats or any of Dozy Oats’ providers or any other third party (including another user) to protect the Services or the Website; (e) access the Services or the Website through the use of any mechanism other than through the use of your mobile device or equipment that you are authorized to use; (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any Services that Dozy Oats provides to you or any other part of the Website; or (g) use the Services or the Website in any way that causes, or may damage or impair the availability or accessibility of the Services and or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, or potentially fraudulent or harmful purpose or activity.

    You shall not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to the Services or Website without Dozy Oats’ prior express written consent.  You must not use the Services and the Website for any purposes related to marketing any product that is not sold through or by Dozy Oats without Dozy Oats’ express written consent.

    Your further agree that you shall (1) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and other regulatory requirements and Dozy Oats’ Policies, (2) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services and Website or information from such locations, (3) override any security feature or bypass or circumvent any access controls or use limits, (4) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services and Website, (6) use the Services and Website for any other purposes other than as expressly set forth herein, (7) monitor the Services’ availability, performance or functionality for any competitive purpose, and (8) violate any additional terms concerning a the Services and Website.

  3. Feedback and Submissions Policy; Testimonials
    We love hearing from our customers!  If you send us any communications by mail, email, telephone, tagging us in or otherwise communicating with us via social media, or otherwise, suggesting or recommending changes to the Services, including without limitation, any comments, questions, suggestions, or the like, testimonials about our products and Services, or ideas for new flavor combinations ("Feedback"), Dozy Oats is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Dozy Oats on your behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Dozy Oats is free to use and republish, without any attribution or compensation or attribution to any party, any such Feedback, ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Dozy Oats is not required to use any Feedback.  Notwithstanding the foregoing, Dozy Oats is not required to maintain respond to any communications.  Additionally, you hereby acknowledge and agree that Feedback and communications are not required to be maintained in confidentiality.  Feedback must not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, nor shall it be libelous, unlawful, abusive, obscene, or untruthful. 

  4. Proprietary Rights
    The Website, as well as Dozy Oats, graphics, design, compilation, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any you or other third party of any part of the Website or products is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Services. The posting of information or material by and through the Services does not constitute a waiver of any right in or to such information and/or materials. The “Dozy Oats” name and logo, and all associated graphics, icons and service names, are trademarks of Dozy Oats, Inc.. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

D. ENFORCEMENT RIGHTS

Other than set forth herein, Dozy Oats is not obligated to monitor access or use of the Services and the Website, or your information, but we have the right to do so to ensure compliance with these Terms and applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Services and the Website, or your account or information at any time and without notice, and at our sole discretion, if we determine that your use of the Services are objectionable or in violation of these Terms or applicable law. We have the right to investigate violations of these Terms and any conduct that affects the performance or use of the Services and the Website or the community of Dozy Oats users generally.

E.  DISCLAIMER OF WARRANTIES; LIMTATION OF LIABILITY

  1. Disclaimer of Warranties
    THE PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DOZY OATS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DOZY OATS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, THE WEBSITE, THE PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE, RELIABLE, OR WORK WITH ANY OTHER SERVICES, APPLICABLE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DOZY OATS MAKES NO WARRANTY THAT THE PRODUCTS AND SERVICES OFFERED BY AND THROUGH OUR WEBSITE: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE FREE OF HARMFUL COMPONENTS; (C) WILL RESULT IN ANY SPECIFIC DIETARY OR OTHER HEALTH-RELATED OUTCOME; OR (D) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DOZY OATS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS OR HARM OR DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE PREPARATION IN STRICT ACCORDANCE WITH THE INSTRUCTIONS AND DOCUMENATION WHICH ACCOMPANY OR ARE MADE AVAILABLE WITH OUR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM DOZY OATS OR OTHERWISE THROUGH OR FROM THE WEBSITE OR PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT SERVICESLY TO YOU.

    OUR PRODUCTS ARE NOT CERTIFIED NUT FREE, NOR ARE THEY PRODUCED ON NUT-FREE LINES. You acknowledge and understand that our products may include ingredients that may be allergens for certain individuals AND THAT THEY MAY BE PRODUCED IN FACILITIES WHERE NUTS ARE PRESENT. You should always check the ingredients in any product to avoid potential allergic reactions. If you have or suspect that you are experiencing an allergic reaction or other adverse health event, please immediately contact your health care provider or emergency medical services.  If you are unsure as to whether you are allergic to any ingredients contained in our products, please consult with your physician.  DOZY OATS WILL NOT BE HELD LIABLE FOR NEGATIVE IMPACTS TO YOUR HEALTH AND WELLBEING ARISING FROM OR IN CONNECTION WITH OUR PRODUCTS

  2. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DOZY OATS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, SERVICESION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER DOZY OATS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL DOZY OATS'S LIABILITY UNDER THIS SECTION V(B) EXCEED THE LICENSE FEES PAID OR PAYABLE BY YOU TO DOZY OATS FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

    You acknowledge and agree that this limitation of liability is part of the basis of the bargain between you and Dozy Oats and shall apply  to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Dozy Oats or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

  3. Limitation on Claims
    Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

F.  INDEMNIFICATION

You shall indemnify, hold harmless, and, at Dozy Oats' option, defend Dozy Oats from and against any Losses resulting from any Third-Party Claim based on you, or any authorized user of your Account or instance of the Services: (i) your negligence or willful misconduct; or (ii) use of the Services in a manner not authorized or contemplated by these Terms; (iii) use of the Services or ingestion of the products in a manner not provided for by Dozy Oats in writing; (iv) modifications to the products and Services not made by Dozy Oats, and (v) your breach of these Terms.

G.  USE AT YOUR OWN RISK

Our goal is to provide helpful and accurate information on the Services and the Website, but we make no endorsement, representation or warranty of any kind about the Services or the Website.    

H.  VOID WHERE PROHIBITED

Although the Website and Services may be accessible worldwide, not all features discussed, referenced, provided or offered through or on the Website and Services may be available to all persons or in all geographic locations, or Services appropriate or available for use outside the United States. Dozy Oats reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website and Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

I.  BREACH OF THESE TERMS

Without prejudice to Dozy Oats' other rights under these Terms, if you breach these Terms or any of the Policies and documents referenced herein, in any way or applicable law, Dozy Oats may take such action as it deems appropriate to investigate and resolve the breach, including but not limited to suspending or blocking your access to the Services and the Website, blocking computers or mobile devices using your IP address from accessing the Services and the Website, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you, and terminating your account.

J.  TERMINATION

You and Dozy Oats may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use the Services and Website. The following shall survive termination: (a) our rights to use and disclose your feedback, (b) Sections A, B, C, E, F, I and any other sections which, by the nature of their contents should reasonably be deemed to survive the termination of these Terms (c) any amounts owed by either party prior to termination remain owed after termination.

K.  MISCELLANOUS PROVISIONS

  1. Emails and Communications
    As part of your use of the Services, you may receive emails, text messages, in Services communications or other communications. By creating and account, you agree to the receipt of these communications. In the event that you no longer wish to receive these communications, please follow the process outlined in our Privacy Policy.

  2. Third Party Links and Websites
    The Website may contain links to third party websites, services and resources (collectively “Third Party Services”) that are not under Dozy Oats’ control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Services.

  3. Changes to the Services, Website and Our Policies
    Dozy Oats may change or discontinue, temporarily or permanently, any feature or component of the Services or Website at any time without notice. Accordingly, we encourage you to periodically read these Terms and other Policies to understand your obligations and the terms to which you are bound.  Dozy Oats is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Services. We reserve the right to determine the timing and content of Services updates, which may be automatically downloaded and installed by Dozy Oats products without prior notice to you.

    We may communicate with you about your account, the Services and the Website and changes to these Terms and other policies via email (to the email address that you provide when you create your account), in general communications, or using other contact information that you provided in connection with your account.  BY CONTINUING TO USE THE SERVICES, YOU AGREE THAT YOU WILL ACCEPT SUCH CHANGES IN THE METHOD SET FORTH HEREIN.

    To the extent that anything in or associated with the Website or products is in conflict or inconsistent with these Terms, these Terms shall take precedence.

  4. Entire Agreement
    These Terms, together with the Order Form (as applicable) and any other documents incorporated herein by reference and all related exhibits and documentation attached to and referenced herein, constitutes the sole and entire agreement of the parties with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. Except as otherwise set forth on an Order Form, in the event of any inconsistency between the statements made in these Terms.  Further, any purchase order provided by you is deemed to be accepted by Dozy Oats solely for billing purposes, and any terms or conditions set forth on any such document shall not apply to these Terms or take precedence over these terms these Terms, regardless of whether such purchase order, order form, document or agreement states otherwise.

  5. Headings and Interpretation
    The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

    For purposes of these Terms: (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend these Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of these Terms to the same extent as if they were set forth verbatim herein.

  6. Notices
    All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the parties at the addresses set forth herein (or to such other address that may be designated by the party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in these Terms, a Notice is effective only: (i) upon receipt by the receiving party, and (ii) if the party giving the Notice has complied with the requirements of this Section.

  7. Acts of God
    In no event shall Dozy Oats be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Dozy Oats' reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

  8. Amendment and Modification; Waiver
    Except as otherwise set forth in these Terms or the documentation referenced herein, and any documentation referenced in or made available to you in connection with the Services, no amendment to or modification of or rescission, termination, or discharge of these Terms is effective unless it is in a writing that is mutually executed by the parties. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  9. Severability
    If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

  10. Governing Law; Submission to Jurisdiction
    These Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts. Any legal suit, action, or proceeding arising out of these Terms or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the city of Boston and County of Suffolk, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

  11. Assignment
    You may not assign or transfer any of your rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Dozy Oats. Any purported assignment, transfer, or delegation in violation of this Section is null and void. No assignment, transfer, or delegation will relieve the assigning or delegating party of any of its obligations hereunder. These Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

  12. No Class Actions
    You may only resolve disputes with Dozy Oats on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our these Terms.

I.  CONTACT US

If you have additional questions about these Terms, please write to us using the feedback function in the Services or at:

Dozy Oats, Inc.
14 Crystal Street
Newton, MA 02459
Email Address: dozy@dozyoats.com

 

Effective:  February 1, 2023