This user agreement applies to the following website: dqlearninglink.com.
Please read this user agreement carefully, because by using this website, you accept and agree to the terms stated below. We, American Dairy Queen Corporation and Orange Julius of America, may change the terms of this user agreement at any time, and your continued use of this website is your agreement to any change in terms.
These terms include an arbitration provision that may govern disputes between you and us. Unless you opt out as described below, or where the law provides otherwise, this provision will eliminate your right to a trial by jury and substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
Age Requirements
You must be at least 13 years old to use this website. If you are 13 or older but under the age of majority in your state, province, or territory of residence, you may only use the website under the supervision of a parent or legal guardian who agrees to be bound by this user agreement and the Privacy Statement.
Third Party Websites
This website is hosted and administered by our third party vendor, Schoox, and is also subject to Schoox’s Terms of Use at https://www.schoox.com/terms.php. While this website may contain links to other third party websites, we are not responsible for the content of those websites.
Franchisees and Employees
If you are a franchisee, you are legally responsible for a breach by your employees of the terms of either this User Agreement or the Schoox Terms of Use. As owner or manager of your franchised business, you are responsible for ensuring that you comply with all applicable federal, state, and local employment laws, including without limitation those wage and hour laws that require an employer to count as "hours worked" by an employee, and to compensate employees for time spent in training courses. Remember that employment laws and practices vary from state to state, so you should consult an employment law attorney in your local area to determine the appropriateness of your employment practices.
If you are an employee, most DQ® restaurants are independently owned and operated franchises. If you work for any DQ store other than the Richfield, MN location on 66th Street or the Edina, MN location on Normandale Blvd (these two stores will be referred to as the “Corporate Stores” in this agreement), you don’t work for us, you work for a franchisee and the franchisee is your employer. You should talk to your employer about whether training outside of working hours or on a personal device is authorized.
If you are an employee for one of the Corporate Stores, you are not authorized to take training outside of working hours, and are not authorized to use a personal device to take training. If you do use a personal device for training, you are responsible for any data charges.
Restrictions on Your Use of the Materials on the Website
We own or license the content on this website, which is protected by copyright, trademark and other intellectual property laws. You may use the materials on this website only for the benefit of the DQ® or Orange Julius® locations with which you are associated. You may not frame any content from this website or incorporate the content into another website or service.
Account Security
Accounts must be used only by the person for whom the account was created. You agree that you will not share your username or password with anyone, will not allow anyone else to access your account, and you will not do anything to compromise the security of your account. You also agree that you will not solicit login information or access for an account belonging to someone else.
Content and Security
If you submit any content to the website (“Content”), you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use the Content without any compensation to you. Any Content you submit to the website must owned by you or you must have the right to use it. You are not allowed to submit any Content to the website that is obscene, defamatory, abusive, sexually explicit, harassing, hateful, offensive, or otherwise objectionable.
You agree that you will not upload viruses or other malicious code, or do anything that could disable, overburden, or impair the proper working or appearance of the website, such as a denial of service attack or interference with page rendering or other functionality.
Data Export
This website is operated from the United States and any data you submit to this website may be processed and stored in the U.S. or another country, and the government, courts, law enforcement or regulatory agencies of that country may by law be able to obtain your data. By using this website, you consent to having your data transferred to and processed in the U.S. or another country. If you use this website from any country other than the U.S., you are responsible for compliance with applicable local laws.
Arbitration / Jury and Class Action Waiver
1. U.S. Residents: This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of jury trial and class actions. Arbitration does not use a judge or a jury. Arbitration is final and binding and subject to only very limited review by a court. Please review this section carefully.
This provision encompasses disputes or claims arising out of or relating to this user agreement, your use of the website, and your relationship with us, including any of our subsidiary, parent or affiliate companies. Disputes will be resolved by binding arbitration, except that either you or us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court if you opt out of this arbitration provision within thirty days from the earliest date you accepted this user agreement (the “Deadline”). You may opt out by sending us a written notice with your first name, last name, and the email address for your account on the website at:
American Dairy Queen Corporation
Attn: Legal Department – Websites Arbitration Opt-Out
8000 Tower, Suite 700
8331 Norman Center Drive
Bloomington MN 55437
Any opt-out not received within three days of the Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
Arbitration Procedures. For all disputes (whether pursued in court or by arbitration), you must first send a written description of your claim to our Fan Relations department (using the contact information below) to allow us an opportunity to resolve the dispute. You and we agree to negotiate your claim in good faith. If the dispute is not resolved within sixty days, you may request arbitration.
American Dairy Queen Corporation
Attn: Fan Relations
8000 Tower, Suite 700
8331 Norman Center Drive
Bloomington MN 55437
Email: fanrelations@idq.com
Phone: 1-866-793-7582
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules as modified by these terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. These terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your claim. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or result of any arbitration except as required by law or for purposes of enforcement of the award. Judgment on any award may be entered in any court having proper jurisdiction.
Jury and Class Action Waivers. You and we agree that any proceeding, whether in court or in arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you exercise the Opt-Out as specified above, this class action waiver provision will not apply to you. You cannot be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the Opt-Out process described above. If for any reason a claim proceeds in court rather than through arbitration, you hereby waive any right to a jury trial.
2. Residents of Canada: EXCEPT IN QUEBEC OR WHERE OTHERWISE PERMITTED OR RESTRICTED BY LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THIS SECTION CAREFULLY.
This provision encompasses disputes or claims arising out of or relating to this user agreement, your use of the website, and your relationship with us, including any of our subsidiary, parent or affiliate companies. Disputes will be resolved by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules, or in small claims court.
The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Canadian Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any such presiding, the losing party will pay the legal expenses of the prevailing party. You are thereby giving up your right to go to court, except that:
- a. You or we may take claims to small claims court if they qualify for a hearing by such a court.
- OR
- b. Opt-Out: Notwithstanding the above, you may choose to pursue your claim in court if you opt out of this arbitration provision within thirty days from the earliest date you submitted information on the Websites (the “Deadline”). You may opt out by sending us a written notice with your first name, last name, and the email address for your account on the website to the following address:
American Dairy Queen Corporation
Attn: Legal Department – Websites Arbitration Opt-Out
8000 Tower, Suite 700
8331 Norman Center Drive
Bloomington MN 55437
Any opt-out not received within three days of the Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
Jury and Class Action Waivers. Except in Quebec, or whether otherwise prohibited by applicable law, you and we agree that any proceeding, whether in court or in arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you exercise the Opt-Out as specified above, this class action waiver provision will not apply to you. You cannot be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the Opt-Out process described above. If for any reason a claim proceeds in court rather than through arbitration, you hereby waive any right to a jury trial.
This section will be applied to the fullest extent permitted by law. This section, in whole or part, may not apply to all consumers resident in Canada, and you may have additional rights available under applicable consumer protection law.
Miscellaneous
For U.S. residents, if you Opt-Out of arbitration, or if the arbitration agreement is ever deemed unenforceable or void, you consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota, for all disputes or claims arising out of or relating to this user agreement, the Privacy Statement, or the use of this website. The user agreement and Privacy Statement shall be construed in accordance with the laws of the State of Minnesota, regardless of any conflicts of law principles. For residents of Canada, the user agreement and Privacy Statement shall be construed in accordance with the laws of the Province of Ontario, regardless of any conflicts of law principles.
If any provision of this user agreement is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the user agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us thirty days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
Last updated: December 30, 2020