Effective Date: April 23, 2018
These terms include an arbitration provision that governs any disputes between you and us. Unless you opt out as described below, 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.
Limited Markets and Locations
This app is applicable only to participating DQ® locations. In addition, while you may be able to view and download the app, certain functionality and features of the app may only be available at select DQ locations.
Most DQ locations are independently owned and operated franchises, and we do not own or operate these locations. Information about a particular location may not apply to other locations, such as a reward or coupon that is only for use at that location. If you have questions about specific offers, promotions, or products for a particular location, please contact that location.
You will earn rewards for purchases of at least $0.10 that are made at DQ locations participating in the rewards program. One rewards point is awarded for each $0.10 purchase, rounded to the nearest 10. For example, a purchase of $2.93 would earn 29 reward points, and a purchase of $2.95 would earn 30 reward points. There are two tiers of redemption rewards; the first tier begins at 250 points, and the second tier begins at 500 points. To see the rewards available in each tier, visit the “Deals & Rewards” section of the app. Points expire 365 days after they are first earned, so that points earned on June 2nd would expire on June 1st of the following year.
If you elect to use your mobile device to purchase DQ products using a credit card or stored value account (“Mobile Payment”), Mobile Payment will be managed by third party payment processors and we will not receive any payment information. We and our third party vendors will not charge you any fees for use of Mobile Payment. Mobile Payment is only accepted at certain participating locations. Any fees for using Mobile Payment are your responsibility. We reserve the right at any time to discontinue Mobile Payment, change the types of Mobile Payment accepted, or change the number or location of stores accepting Mobile Payment.
Please review the Privacy Statement carefully to understand how we collect, use and disclose the personally identifiable information you provide to us. If you sign up for an account using the app, you are automatically opted in to receive promotional email communications from us. You may opt out of these promotional emails during the registration process or by adjusting your profile settings in the app. Similarly, upon downloading the app you are provided the option to opt in to receive push notifications on your mobile device. This may include promotional communications, offers, and system messages pushed to the mobile device. You may at any time opt out of receiving some or all of these push notifications by switching the app settings to “off.” In-app messages will automatically be displayed via the app’s display titles, sent to you via the app’s inbox, or both. If you do not wish to see or receive in-app messages, you should stop using the app.
Use of the App
Product and Nutritional Information
Any product or nutritional information provided through the app is for informational purposes only, and assumes compliance by 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. Product or nutritional information may not apply to all DQ locations.
Disclaimers; No Warranties
THE APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE AND THE APP-RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER HARDWARE OR SOFTWARE INSTALLED ON YOUR MOBILE DEVICE. WE AND THE APP-RELATED PARTIES FURTHER DISCLAIM ANY WARRANTY THAT THE APP WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APP OR APP CONTENT IS CORRECT, ACCURATE, ADEQUATE OR RELIABLE FOR ANY PURPOSE.
Liability Limitations and Disclaimers
You assume all responsibility and risk for your use of the app. There may be delays, omissions, inaccuracies, viruses, technical mistakes, or other problems with the app and we have no obligation to maintain or support the app. You understand that you are solely responsible for any damage to your mobile device or computer system or loss of data that results from any materials or data downloaded from or otherwise provided by the app. The app may contain hyperlinks to websites operated by third parties and we are not responsible for the content of and do not endorse those sites.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, NEITHER WE NOR THE APP-RELATED PARTIES ARE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES OR INJURY RESULTING FROM YOUR USE OF THIS APP, INCLUDING ANY DAMAGES CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, OR ASSOCIATED WITH LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF SAVINGS OR LOSS OF GOODWILL THAT RESULT FROM THE USE OR INABILITY TO USE THIS APP OR ANYTHING DOWNLOADED FROM OR THROUGH THIS APP.
If you live in a jurisdiction other than New Jersey, the above limitations and exclusions apply to the extent permitted by law.
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.
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 downloaded, installed, accessed or used the app (the “Deadline”). You may opt out by sending us a written notice with your first name, last name, and the email address you used to sign up for the app to the following address:
American Dairy Queen Corporation
Attn: Legal Department – Mobile App Arbitration Opt-Out
P.O. Box 390286
Minneapolis, MN 55439
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. Neither you nor any other app user can 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.
Any questions, complaints, or claims regarding the app should be directed to:
American Dairy Queen Corporation
Attn: Fan Relations
P.O. Box 390286
Minneapolis, MN 55439