USER AGREEMENT FOR TCBY® WEB SITE

Welcome to the TCBY® Web site. TCBY designed and maintains this site to be informative, entertaining, and educational. We want you to browse the site, but you must understand you are bound by the terms and conditions listed below and that you agree to those terms and conditions when you access and use the site. You may download material on to one computer for your personal use. This means no commercial use and you must retain all proprietary notices, trademark, and copyright designations found on material in the TCBY® Web site. You may not reuse, modify, republish, upload, distribute, or transmit any of the material found on the Web site including graphics, text, images, video, and audio without first getting written authorization from TCBY. If you do not abide by this, you will be violating TCBY's intellectual property rights.

TERMS AND CONDITIONS

DISCLAIMER

1. The information contained on the TCBY® Web site is as accurate and up-to-date as reasonable efforts can make it, however, TCBY makes no warranties or representations for the accuracy of the material, TCBY does not warrant or represent that the material will not infringe upon the rights of third parties. TCBY assumes no liability or responsibility for any errors or omissions in the material contained on the site. TCBY is not liable for any damages or loss direct, incidental, indirect, consequential, or otherwise resulting from your use or access to this site. You are at risk for use, access, and browsing on the site. TCBY provides everything on the site to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TCBY assumes no responsibility whatsoever and will not be liable for any damages to your computer equipment or other property by reason of your use, browsing, or downloading of material from the site. TCBY will not be liable for any damages caused by computer viruses, line failure, delay in operation of transmission, defect, interruption, omission, failure of performance, error, use of the site, or use of any site you hyperlink to from or within the TCBY® Site or any other damages and expenses resulting directly from a loss or injury.

OBSERVE COPYRIGHTS

2. The material contained on the TCBY® Web site is copyrighted and you may not use it except as provided by the terms and conditions of this user agreement without the prior written authorization of TCBY.

YOUR SUBMISSIONS BECOME OUR PROPERTY.

3. Any information, communication, or material transmitted or directed to the site including questions, comments, recipes, new product ideas, operational improvements, store designs, locations, or any material whatsoever will be received and treated as property of TCBY without compensation or notification. Such material is non-confidential and non-proprietary. TCBY may use such material for any purpose whatsoever, including, but not limited to, manufacturing, marketing, design, product development, format concept, sales, and the like.

OBSERVE TRADEMARKS

4. Materials displayed on the site may be TCBY® trademarks, registered and unregistered. TCBY regards the infringement, unauthorized use, or dilution of its trademarks as a serious matter and will enforce the rights to its trademarks and the protection thereof to the full extent allowed by law. There is no license or right to use any trademark displayed on this site without the prior written permission of TCBY.

COMMUNICATE RESPONSIBLY

5. TCBY is under no obligation to monitor or review transmissions, bulletin boards, chats, hosting, discussions, and similar material on the site. TCBY assumes no responsibility or liability for the content of such nor for any inaccuracy, liable, error, defamation, slander, obscenity, pornography, profanity, or omission located on or any such location on the TCBY® Site. You are specifically prohibited from transmitting or posting any unlawful, libelous, defamatory, obscene, pornographic, threatening or profane material or information that would encourage or constitute a criminal act to violate any law or otherwise lead to civil liability.

INTERNATIONAL LAWS

6. Material and information found on this site is subject to United States export control. Laws prohibit export of software and certain technical data to certain areas. Nothing from this site may be downloaded or exported to anyone in Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country designated by the United States. You are not authorized to download or export any materials from this site to any area prohibited by the United States export laws.

REVISIONS

7. You agree to be bound by the terms and conditions as set forth, you are also bound by any revisions made by TCBY and you should periodically access this page to review the current terms and conditions to which you are also bound. If any of the terms of this agreement are invalid, unlawful, or unenforceable it will not affect the validity and enforceability of the remaining terms or provisions.

TERMINATION OF THIS AGREEMENT

8. You may terminate this agreement at any time by destroying all materials, documents, copies, and all related matters obtained from the TCBY® Site. TCBY may terminate this agreement at any time if, in the judgment of TCBY, you violate or breach any provision or term of the agreement. You must destroy all materials obtained from the TCBY® Site.

Copyright TCBY Enterprises, Inc. All rights reserved.