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 Visitor Agreement

Effective 4/1/2009

Thank you for visiting the internet web site of International Dairy Queen, Inc. (IDQ) and its subsidiary companies that franchise restaurants and stores in the Dairy Queen®, Orange Julius®, and Karmelkorn® systems. We hope that you find the information here interesting and helpful.

Please read this visitor agreement carefully. By using this site, you accept and agree to the terms stated below. If you do not agree, you should not use this site. As a condition of your use of this site, you warrant that you will not use the site for any purpose that is unlawful, inappropriate, or prohibited by the terms of this agreement.

This site is an evolving medium. We may change the terms of this agreement at any time and you should periodically review this visitor agreement. Your use of this site after any change is your agreement to accept the revised visitor agreement.

"Dairy Queen", "Orange Julius", and "Karmelkorn" products and services are available in many parts of the world. This site may, however, describe products and services that are not available where you are located.

1. Restrictions On Use.
The materials on this site are the property of IDQ or its affiliates and are protected by copyright, trademark and other intellectual property laws. Although IDQ makes this site freely accessible, we are not giving up any rights to the materials appearing on this site. No title or rights are transferred through the use of this site. You may not use any trademark or service mark appearing on this site without our prior written consent. All contents of this site are: Copyright 2005 International Dairy Queen, Inc., P.O. Box 39286, Minneapolis, Minnesota, 55439-0286. All rights reserved.

The contents of this site may be viewed, downloaded, saved, and printed only for personal, non-commercial purposes, provided that you do not delete or change any copyright, trademark or similar notice. All other use, reproduction, distribution, republication, uploading, posting, transmitting, linking, and the like is prohibited without the prior written consent of IDQ.

You may not frame any content from this site or incorporate the content into another web site or other service.

2. Submissions.
Any suggestions, ideas, graphics, remarks, or other submissions communicated at this site will become the property of IDQ. Please see our information regarding submitting your idea for a product under the “Menus and Nutrition” section of DQ.com. IDQ will be entitled to use the submissions for any commercial or other purpose without compensation to you or any other person. IDQ need not treat any submission by you as confidential, and IDQ is not liable for any information submitted that may be the same or similar to future IDQ operations. You agree that you are responsible for the material that you submit and that you have full responsibility for the reliability, appropriateness, originality, and copyright of your submission. You agree to indemnify IDQ and its affiliates and their franchisees against any and all damages, costs, and expenses, including reasonable attorney fees, which may arise out of claims relating to your use of this site or your submissions to this site, including claims by third parties that your submissions violate their rights, and claims that your submissions contain obscenities or defamatory or offensive materials. Personal information that you may choose to submit to this site is done so in your sole discretion.

3. Liability Limitations and Disclaimers.
This site may contain hyperlinks to web sites operated by parties other than IDQ, that are provided for your reference only. IDQ is not responsible for the content of such other sites, and a hyperlink does not imply endorsement by IDQ of those sites.

You agree that your use of this site is at your sole risk. With the various hazards and uncertainties of electronic distribution, there may be delays, omissions, inaccuracies, viruses, technical mistakes, or other problems with information at this site and on the internet in general. If you rely on this site or any material available through this service, you do so at your own risk. You understand that you are solely responsible for any damage to your computer system or loss of data that results from any materials and/or data downloaded from or otherwise provided by this site.

IDQ AND ITS AFFILIATES AND FRANCHISEES ARE NOT LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. THIS INCLUDES ANY SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES 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 SITE OR ANYTHING DOWNLOADED FROM THIS SITE. THIS LIMITATION MAY NOT APPLY TO YOU IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TOTAL LIABILITY TO YOU FOR ALL LOSSES AND DAMAGES WILL NOT BE GREATER THAT THE AMOUNT YOU PAID TO ACCESS THIS SITE.

THE MATERIALS AT THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. IDQ AND ITS AFFILIATES AND FRANCHISEES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IDQ AND ITS AFFILIATES AND FRANCHISEES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

4. Miscellaneous.
This site is controlled by IDQ from its headquarters in Minneapolis, Minnesota, USA. This visitor agreement shall be construed in accordance with the laws of the State of Minnesota, regardless of any conflicts of law principals. If you use this site from other locations you are responsible for compliance with applicable local laws. If you download anything from this site, 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 this service, you agree to abide by the terms of this visitor agreement and you consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota, for all disputes arising out of or relating to this agreement or the use of this web site.

5. Product or Nutritional Information.
Any product or nutritional information provided in this website is meant for informational purposes only. This information applies only to certain restaurants and stores located in the United States of America or Canada, depending on whether you are viewing the U.S. or Canada portion of the website.

This nutritional information presumes and is dependent upon the operator of the franchised restaurant complying with preparation, ingredient, supply, and portioning requirements. Variations may occur due to differences in procedures at restaurants. Seasonal differences and slight variations among different manufacturers must also be expected. If you have specific questions about certain procedures or ingredients, please ask the operator of the franchised restaurant that you visit.

Nutritional analysis for products sold at Dairy Queen® restaurants in the United States was performed by R-TECH and Commercial Testing Laboratory, Inc. Representative values from manufacturers and USDA were also used.

Additional Information Relating to the Customized Sites for Individual Franchised Restaurants and Stores that Link to DQ.com:

• These restaurants and stores are independently owned and operated businesses that are franchised by subsidiaries of IDQ. IDQ and its subsidiaries do not own or operate these restaurants. IDQ and its subsidiaries do own the trademarks and logos that are on this site.

• The specific restaurant sites have been customized by the owner of each particular franchised restaurant, and these sites contain information that does not apply to other franchised restaurants. For example, such a site may describe a product or service that is not available at another restaurant, or may refer to a special or coupon that is not for use at another restaurant. If you have questions about the products, procedures or ingredients at a particular restaurant, please ask the operator of that franchised restaurant.

 
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