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Allocation, Delivery and Return of Rented DVDs We reserve the right to process orders and otherwise allocate and ship DVDs among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs we purchase for any particular title, their location within our distribution network and the level of staffing and number of shipments to be processed at each distribution center. As a result of the operational practices described in this section, we may not always send you the top choices from your queue, ship out your next DVD on the same day that we receive one from you, or process orders from your local distribution center. At present, our goal is to ship you the DVDs listed highest in your queue. We currently try to ship you DVDs from the distribution center closest to you so that you get movies quickly. Generally, on the same day that we receive a DVD from you, we will ship the next available DVD from your queue. In certain instances, your next available DVD will not ship until at least one business day following our receipt of your returned movie. This can occur, for example, when your top choices are not available to you from your closest distribution center or the number of shipments to be processed by the distribution center on that day has been exceeded. When one or both of these conditions exist, your DVD will likely ship on the next business day and may come from an alternate distribution center. In determining priority for shipping and inventory allocation, we may utilize many different factors, including without limitation, the number and type of DVDs you rent through our service, the subscription plan you select, as well as other uses of our service by you. For example, if all other factors are the same, we give priority to those members who receive the fewest DVDs through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your viewing habits and our operational practices, the actual number of DVDs you rent in any month may vary, and you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. The type of differentiated service you may experience includes, without limitation, (i) the shipment of your next available DVD occurring at least one business day following return of your previously viewed movie, (ii) delivery taking longer, as the shipments may not be sent from your local distribution center and (iii) the movies you receive coming from lower in your queue more often than our other subscribers. These effects will not occur unless we are faced with limited inventory at your local distribution center or when the number of shipments to be processed by that distribution center on that day is exceeded. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent. Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution center from which your DVD was shipped and your delivery address, (ii) the timing of your placement or adjustment of movies in your queue, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our computer systems. We receive mail from the USPS and process returns Monday through Friday, except Holidays. Generally all of the returns are processed on the same day received. We will send an email to you soon after processing your return, and another email letting you know when we have shipped your next DVD, including the anticipated day of delivery. We make no guaranty as to the shipping and delivery of DVDs and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our subscribers, provide a great value to all our subscribers.
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