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Important Disclaimer
These terms and conditions (the "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.
Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through the Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such Terms and changes.
Where do these Terms apply?
- The Terms apply to your activity on websites (including online ordering) and the DQ® mobile app (the “DQ App”) controlled by American Dairy Queen Corporation (based in the U.S.) and Dairy Queen Canada, Inc. (based in Canada) (collectively, “DQ,” “we,” “our,” or “us”). We’ll call these websites and the DQ App the “Sites” in these Terms. Certain portions of the Sites, such as digital ordering and payment, are only available at select DQ locations.
- Most DQ® and Orange Julius® locations worldwide are independently owned and operated franchises, and some of them have their own websites or mobile apps and these Terms do not apply to those. Information about a particular location on the Sites doesn’t necessarily apply to other locations, such a special or coupon. If you have questions about specific offers, promotions, or products for a particular location, please contact that location.
- If you follow a link on any of our Sites to a third-party website – say, to purchase gift cards or branded gear – you’ll be leaving the realm of these Terms. We are not responsible for the content of and do not endorse those websites and we advise you to separately review the terms and conditions for each third-party website you visit.
- The Sites are operated from our corporate headquarters in the United States and any data you submit to the Sites will be exported to the United States. If you use the Sites from other locations, you are responsible for compliance with applicable local laws. If you download anything from the Sites, 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.
- By using or installing our Sites, you are agreeing to these Terms. We may change them and when we do, continuing to use the Sites means you agree to the changes. If you do not agree to the Terms, do not use or install the Sites. These Terms also govern any updates or new versions of the Sites, unless separate terms apply. These Terms contain disclaimers and other provisions that limit our liability to you.
Privacy
By using or installing our Sites, you consent to the collection, processing, and use of your information as described in our US Privacy Statement or Canadian Privacy Statement (as applicable).
Age Requirement
You must be at least 13 years old to use the Sites. 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 Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms and the Privacy Statement.
License
Subject to these Terms and any other applicable terms (for example, the marketplace from which you download the DQ App), we grant you a personal, limited, non-exclusive, non-transferable and revocable license to use the Sites for personal use only. We own or license all content associated with the Sites, which is protected by copyright, trademark, moral rights, and other intellectual property laws. Although we make the Sites freely accessible, we are not giving up rights to the content of the Sites, and no rights are transferred to you when you use the Sites. You may not frame any content from the Sites or incorporate it into another website, service, or application.
Other than the limited license granted by these Terms, you have no other right, title or interest in the Sites. All rights not expressly granted to you are fully reserved by us, and no rights are conferred by estoppel, operation of law, implication or otherwise. You must not: (1) modify, port, translate, adapt, enhance, or create any derivative works of or from the Sites; (2) decompile, disassemble, reverse engineer, attempt to reconstruct, identify or derive any source code, underlying user interface techniques or algorithms from the Sites, or disclose or decrypt any of the foregoing; (3) knowingly take any action that would cause the Sites or any component of any of them to enter the public domain; (4) resell, transfer, or distribute the Sites or any content; (5) remove, alter, or obscure any proprietary notice (including a copyright or trademark notice); (6) install, use, or permit the DQ App to reside on more than one mobile device at a time, other than by separate downloads in accordance with these Terms; (7) share your account associated with the Sites with any other user; or (8) use the Sites for any unlawful purpose.
Use of Sites
You agree that any information you provide during use of the Sites will be accurate and complete, and that you will not use the Sites while driving. You also agree that you will not use the Sites in any way that: (1) is or may reasonably be interpreted to be unlawful, fraudulent, or deceptive; (2) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party, including intellectual property, privacy or publicity rights; (3) attempts to interfere with, gain unauthorized access to, or damage any computer network, server, system, software, or user accounts; (4) uses any manual or automated means, including agents, robots, scripts, or spiders to monitor or copy the Sites or any content; (5) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (6) otherwise violates these Terms.
Your Content
If you submit content to us (“Content”), such as for a cake order, you agree that the Content:
- is owned by you or that you have the right to use it (including any photographer rights);
- does not in any manner violate or infringe any applicable federal, state, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity, right of privacy, and moral rights of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
- does not violate any privacy or publicity rights;
- is not, and could not be construed as, lewd, vulgar, profane, obscene, defamatory, abusive, sexually explicit, racist, hateful, or otherwise objectionable, and does not use any derogatory words, symbols, or images, including anything that could be considered discriminatory or a slur against any group of people, or could be characterized as hate speech; and
- does not contain any viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise our Sites.
DQ® locations have the right to reject any cake order that violates these Terms. We reserve the right to ban a user from our Sites or any functionality of our Sites if the user violates any provision of these Terms.
Site Monitoring and Enforcement
We have the right, without provision of notice to you, to:
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Sites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
- Terminate or suspend your access to all or part of the Sites for any or no reason, including, without limitation, any violation of these Terms.
We have no obligation, nor any responsibility to any party to monitor the Sites or their uses, and do not and cannot undertake to review material that you or other users submit to the Sites. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Digital Payment
If you elect to purchase products on the Sites using a credit card or stored value account (“Digital Payment”), Digital Payment will be managed by third-party payment processors and we do not receive any payment information. We and our third party vendors will not charge you fees for use of Digital Payment, but your payment processor may charge you fees and these are your responsibility. Digital Payment is only accepted at select participating locations. We may discontinue Digital Payment at any time, change the types of Digital Payment accepted, or change the number or location of restaurants accepting Digital Payment.
Purchases on the Sites
If you elect to purchase any products from the Sites, the date of your online sales contract will be the date that the email order confirmation is sent by us. Unless prohibited or deemed otherwise by law, the place of your order will be deemed to be Minnesota (for purchasers in the US) or Ontario (for purchasers in Canada).
You agree that your order is an offer to buy, and subject to these Terms. All orders must be accepted by us or the franchisee and neither DQ nor the franchisee will be obligated to sell the products or services to you. We or the franchisee may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Accuracy/Errors
Any product pictures or descriptions depicted on the Sites are for illustration purposes only and actual products may vary from their pictures or descriptions. DQ reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice to you, including after you have submitted your order.
All prices, discounts, and promotions posted on the Sites are subject to change without notice. The price charged will be clearly stated in your order confirmation email from DQ. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for delivery, shipping, handling, and similar. All such charges will be added to your total price and will be itemized in your order confirmation email from DQ.
DQ strives to display accurate price information; however, DQ may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. DQ reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Your DQ Rewards Account
In order to use certain functions of the Sites, you will need to register for a DQ Rewards account. You can only have one DQ Rewards account, regardless of whether you have multiple email addresses. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You are responsible for maintaining and promptly updating your account information and maintaining the security of your account by choosing a strong, unique password, not sharing the password with others or with other accounts, and restricting access to your account and the devices used to access your account. You take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Sites using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. DQ reserves the right at any time and from time to time, to suspend, disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of the Terms.
A fan that creates a DQ Rewards account will accrue points based on their eligible purchases made at DQ locations participating in the DQ Rewards program. Purchases made by other people or that pre-date the creation of your DQ Rewards account are not eligible for points. Points cannot be redeemed for more than $50 in value in a single transaction, are not valid toward gift card purchases, and expire 365 days after they are first earned. Points have no cash value, are not transferrable, and automatically terminate if you cancel or delete your DQ Rewards account. For more information about rewards and which purchases are eligible for points, visit the rewards section of the DQ App or online ordering. We may limit the number of transactions on which you are allowed to earn points, which may be a daily limit or another time period determined by us. We reserve the right to amend or terminate the DQ Rewards program at any time. All points will expire within three months of termination of the program, or as may otherwise be provided at the time of termination or as permitted by law.
Refer-A-Friend Rewards do not accrue to your account until after the referred friend signs up for a DQ Rewards account (using your referral code) and makes their first DQ Rewards loyalty transaction (digital ordering or scanning in-store with their DQ Rewards account). We reserve the right to amend or terminate the Refer-A-Friend program at any time.
While you may use the DQ App and online ordering as a guest user without creating an account, guest users are not eligible for deals or rewards, since without an account, we do not have the information needed to populate deals or track rewards.
Electronic Communications
Certain portions of the Sites allow you to sign up to receive emails, text messages, or push notifications from us. You may opt out of receiving promotional emails from us by clicking the unsubscribe button at the bottom of any email or by adjusting your profile settings in your DQ Rewards account. However, this will not opt you out of receiving transactional emails, such as receipts. You may opt out of text messages by responding STOP to any text message from us. When downloading the DQ App, you are provided the option to opt in to receive push notifications on your mobile device, which may include promotional communications, offers, and system messages. You can stop push notifications by adjusting your device settings.
Product or Nutritional Information
All product or nutritional information provided on the Sites 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 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 directly.
Indemnification
You agree to defend and indemnify us and our subsidiaries, affiliates, franchisees, officers, directors, employees, and agents, as well as any third party vendors, licensors, or providers of content or software for the Sites (collectively the “Site-Related Parties”), from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, or your use or misuse of the Sites or any content in the Sites. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate in asserting any available defenses.
No Warranties
SUBJECT TO APPLICABLE LAW AND TO THE EXTENT PERMITTED BY LAW (NOT APPLICABLE IN QUEBEC), THE SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE AND THE SITE-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 SITES WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER HARDWARE OR SOFTWARE INSTALLED ON YOUR DEVICE. WE AND THE SITE-RELATED PARTIES FURTHER DISCLAIM ANY WARRANTY THAT THE SITES WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THEIR 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 Sites, unless prohibited by law. There may be delays, omissions, inaccuracies, viruses, technical mistakes, or other problems with the Sites and we have no obligation to maintain or support the Sites. You understand that you are solely responsible for any damage to your device used to access the Sites or loss of data that results from any materials or data downloaded from or otherwise provided by the Sites.
SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC) DO NOT ALLOW FOR LIMITATIONS OF CERTAIN KINDS OF DAMAGES AND SO THE FOLLOWING MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS UNDER LAW.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW AND OTHER APPLICABLE JURISDICTIONS, NEITHER WE NOR THE SITE-RELATED PARTIES ARE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, OR OTHER DAMAGES OR INJURY RESULTING FROM YOUR USE OF THE SITES, INCLUDING ANY DAMAGES CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, 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 THE SITES OR ANYTHING DOWNLOADED FROM OR THROUGH THE SITES.
If you live in a jurisdiction other than New Jersey, the above limitations and exclusions apply to the extent permitted by law.
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 these Terms, the Privacy Statement, your use of the Sites, 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 Sites (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 Sites at:
American Dairy Queen Corporation
Attn: Legal Department – Websites Arbitration Opt-Out
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 these Terms, the Privacy Statement, your use of the Sites, 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 Sites (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 Sites to the following address:
American Dairy Queen Corporation
Attn: Legal Department – Websites Arbitration Opt-Out
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 these Terms, the Privacy Statement, or the use of the Sites. The Terms and Privacy Statement will be construed in accordance with the laws of the State of Minnesota, regardless of any conflicts of law principles. For residents of Canada, the Terms and Privacy Statement will be construed in accordance with the laws of the Province of Ontario, regardless of any conflicts of law principles.
If any provision of these Terms 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 Terms will remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Sites, 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.
If we believe you have violated these Terms, then we have the right to: (1) terminate any license to the Sites; (2) suspend or terminate your access to any functionality of the Sites without further notice to you; or (3) assert legal action with respect to use of the Sites.
California Residents
American Dairy Queen Corporation is the provider of the Sites. To file a complaint regarding the Sites, or to receive further information regarding use of the Sites, send a letter to us at the address below (write “California Resident Request” in the subject line). California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or at 800-952-5210.
Questions
Questions or concerns? You can contact us at:
American Dairy Queen Corporation
Attn: Fan Relations
8331 Norman Center Drive
Bloomington, MN 55437
Phone: 1-866-793-7582
Last update: