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Terms of Use

Home | Privacy Notice | Terms of Use

Last Revised: July 1, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Schwan’s Shared Services, LLC (“Company,” “we,” or “us”).
The following terms and conditions, together with any documents they expressly incorporate herein (collectively,
“Terms of Use”) govern your access to and use of this website, including any content, functionality, and offerings
offered on or through this website (“Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to
accept or agree to the Terms of Use if and when such option is made available to you, you accept and agree to be bound
and abide by these Terms of Use, our Privacy Notice (found at www.EdwardsDessertKitchen.com/privacy-notice) and incorporated herein by reference), and applicable
laws and regulations. If you do not want to agree to these Terms of Use, the Privacy Notice, and applicable laws and
regulations, you must not access or use the Website.

This Website is offered and available to users who are 16 years of age or older. By using this Website, you represent
and warrant that you are 16 years of age or older.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes will become
effective immediately when we post them, and your continued use of the Website following the posting of revised Terms
of Use means that you accept and agree to the changes. Please check this page from time to time so you are aware of
any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website (including by removing content) in our sole discretion without
notice. Additionally, from time to time, we may restrict access to some parts of the Website, or the entire Website,
to users. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any
period.

Visitor Online Conduct

You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree to not use the
Website:

You agree you are solely responsible for any actions you undertake while visiting this Website, and you warrant that
all information you provide through this Website is accurate and truthful.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by
the Company, its licensors, or other providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right,
title, or interest in or to the Website or any content on the Website is transferred to you, and the Company, its
licensors, or other providers of such material (as applicable) expressly reserve all rights in and to all content on
the Website. No license is granted to you in connection with any such content, and any unauthorized use or misuse of
such content is prohibited as provided by these Terms of Use. You cannot reproduce, modify, create derivative works
of, distribute, download, display, republish, store, transmit, or sell, in any form in part or in whole, any of the
content on the Website without express permission of the copyright owner prior to the action. Your personal and
non-commercial use to display, copy, distribute, print and/or download the content will be granted but, you must not:
(a) modify the content; or (b) delete or alter any copyright, trademark, or other proprietary rights notices from
copies of materials from the Website. If you do modify the content, you must have prior written permission to do so.
You may print copies of the information for your personal use, store the files for your personal use, or reference
this Website for your own use/information. In its sole discretion, the Company or its licensors may seek to enforce
their intellectual property rights to the fullest extent of the law, including through criminal prosecution.

Additionally, the Company name, trademarks, trade names, logos, and all related product names, design marks and
slogans which appear on the Website are the trademarks (registered or unregistered) of the Company or its licensors.
You must not use such marks without the prior written permission of the Company. All other names, logos, product and
service names, designs, and slogans on this Website are the trademarks of their respective owners.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that
comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright,
you may request removal of those materials (or access to them) from the Website by submitting written notification to
our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of
the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include
substantially the following:

Our designated copyright agent to receive DMCA Notices is the Law Department, which can be reached at
sipllc@schwans.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA
Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing
your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the
DMCA.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Notice. By using
the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy
Notice.

Links to Third Party Sites

The Website may contain links to other sites and resources not owned or controlled by us. This includes links
contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents
of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your
use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at
your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Company is based in the United States. We provide this Website for use only by persons located in the United
States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United
States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website
from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer; Limitation of Liabilities

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet
or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE
FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO
IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and
its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and
assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use
of the Website, including, but not limited to, any contribution you make to the Website, any use of the Website’s
content, services, and products other than as expressly authorized in these Terms of Use, or your use of any
information obtained from the Website.

Governing Law and Venue

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance
with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or
rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be
instituted exclusively in the federal courts of the United States for the District of Minnesota or the courts of the
State of Minnesota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to
venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be effective unless expressly
consented to by the Company in writing, nor will any such waiver be deemed a further or continuing waiver of such term
or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such
that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and the Company
regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Schwan’s Shared Services, LLC, 8500 Normandale Lake Boulevard, Suite 2000, Bloomington,
MN 55437.

All notices of copyright infringement claims should be sent to the copyright agent designated in the section above
entitled “Reporting Claims of Copyright Infringement.”

All feedback, comments, requests for technical support, and other communications relating to the Website should be
directed to info@edwardsdessertkitchen.com or you can call 1-612-800-0EDK (1-612-800-0335).

PREPARING OUR TEAM AND OUR SPACE. REOPENING SOON.

Dear Valued Guest,

It’s been a difficult few months, and we’ve felt the strain on our community. Our passion is creating incredible dessert experiences and serving them to you in our beautiful space; due to the stay-at-home order we’ve been unable to do that.

But that order is ending!

Soon we will be baking, icing, molding, and preparing beautiful desserts for you to enjoy. Your safety will be paramount as we make the transition to reopening. We will continue to re-evaluate our plan and timing based on relevant circumstances. We will continue to make decisions based on the safety of our team, the service to our customers, and the responsibility we have toward our community.

Check back here and follow us on Instagram @edwardsdessertkitchen for more updates.

Please continue to be safe, slow down, and get outside,

Warm Regards,
Your Edwards Dessert Kitchen team