Visitor Agreement

 

VISITOR AGREEMENT

Effective December 19, 2019

This Visitor Agreement applies to the following websites: dairyqueen.com, dq.com, dq.ca, orangejulius.com, dairyqueenfranchising.com, and dqcakes.com (the “Websites”).

Please read this Visitor Agreement carefully, because by using the Websites, you accept and agree to the terms stated below. We may change the terms of this Visitor Agreement at any time, and your continued use of the Websites 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 the Websites. 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 websites under the supervision of a parent or legal guardian who agrees to be bound by this Visitor Agreement and the Privacy Statement.

Restrictions on Your Use of the Materials on the Site

We own or license the content on the Websites, which is protected by copyright, trademark and other intellectual property laws. Although we make the Websites freely accessible, we are not giving up any rights to the materials appearing on the Websites, and no rights are transferred to you when you use the Websites. You may view, download, save, and print a personal, non-commercial copy, provided that you don’t change any copyright, trademark or other proprietary notices; you may not use any of the materials on the Websites for any other purpose without our prior written consent. You may not frame any content from the Websites or incorporate the content into another website or service.

Providing Us with Content

If you are using the dqcakes.com site to submit content for a cake order (“Content”), you agree that the Content:

  • is owned by you or that you have the right to use it;
  • does not infringe any copyright (such as Disney’s Mickey Mouse®), trademark or other intellectual property rights, or privacy or publicity rights;
  • is not obscene, defamatory, abusive, sexually explicit, harassing, hateful, offensive, or otherwise objectionable;
  • does not contain any viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise our website or the online cake ordering service.

Our stores reserve the right to reject any cake order that violates these restrictions.

Sending Ideas to Us

We only accept suggestions, ideas, graphics, remarks, or other similar information if a copy of our Idea or Story Submission Agreement has been signed prior to submission.

Individual Locations

Individual locations are independently owned businesses and operated by franchisees, and we do not own or operate these locations. Information about a particular location doesn’t necessarily apply to other locations, such a special or coupon that is only for use at that location. Some independently owned and operated locations may have their own websites, and this Visitor Agreement does not apply those websites.

Product or Nutritional Information

All product or nutritional information provided on the Websites is for informational purposes only, and assumes compliance by individual locations with ingredient requirements and standardized preparation procedures. Seasonal and manufacturer variations may also affect nutrition information. Nutrition information is based on analysis by R-TECH and Commercial Testing Laboratory, Inc., and representative values from manufacturers, Genesis R&D® SQL and the USDA and/or Health Canada (as applicable). Certain product or nutritional information may not apply to all locations. If you have questions about the products, procedures, or ingredients at a particular location, please contact the location.

Third Party Websites

While this website may contain hyperlinks to third party websites, we are not responsible for the content of and do not endorse those sites. We advise you to separately review the terms and conditions and privacy practices for each third party website you visit.

Data Export

The Websites are operated from our corporate headquarters in the United States and any data you submit to the Websites will be exported to the United States. If you use the Websites from other locations, you are responsible for compliance with applicable local laws. If you download anything from the Websites, you represent that you are not a national of, or located in, any country subject to export embargo controls by the USA, and that you are not otherwise prohibited from receiving such information.

Privacy Statement

Your use of the Websites is also subject to our Privacy Statement.

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 Visitor Agreement, your use of the Websites, 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 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 you may have used to submit information on the Websites 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.

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 Visitor Agreement, your use of the Websites, 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 you may have used to submit information on the Websites 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 Visitor Agreement, the Privacy Statement, or the use of these Websites. The Visitor 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 Visitor 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 Visitor 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 Visitor Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of these Websites, 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.

Contact

Any questions, complaints, or claims regarding the Websites should be directed to:

  • 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