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Cracker Barrel Old Country Store, Inc. Internet Site Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using this site, you agree to these terms and conditions. If you do not agree, you should not use this site.
Cracker Barrel Old Country Store, Inc. is a Tennessee corporation. Cracker Barrel Old Country Store; Cracker Barrel Old Country Store, including drawing of man and barrel; Old Fashioned Country Candies; the storefront design; Cracker Barrel Good Country Cookin'; Cracker Barrel Breakfast in the Country and other marks designated by Cracker Barrel with ® or with ™ are federally registered, or are properly filed in specific States, and are trademarks or servicemarks of CBOCS Properties, Inc. an affiliate of Cracker Barrel Old Country Store, Inc. Unauthorized use of these registered logos, pictures, designs, names or phrases or other marks is prohibited by law. Other trademarks which may appear at this site are the property of the respective trademark owners.
Cracker Barrel Old Country Store, Inc. ("Cracker Barrel") is a public company. Because of the detailed disclosure requirements of applicable federal and state securities and other laws, it is not appropriate for Cracker Barrel to engage in discussions with respect to its business or operations on Internet web pages or within Internet discussion groups. In addition, it is impossible even to know of all the sites in which discussions of Cracker Barrel's business may be taking place. Therefore, please understand that whether or not Cracker Barrel knows or learns of World Wide Web or Internet discussions concerning the company, it is the specific policy of the company not to enter into those discussions, not to make comments and not to answer questions which may be raised by individuals at those sites. Therefore, you may not at anytime rely on information obtained at any site other than this official Cracker Barrel web site.
In order to satisfy the requirements of law, and to ensure that all interested persons have essentially the same access to information concerning Cracker Barrel Old Country Store, Inc., and its affiliates, Cracker Barrel Old Country Store, Inc. discloses information in its annual report, on Form 10K, Form 10Q, Form 8K, and other appropriate disclosure forms submitted as required by law to the Securities and Exchange Commission. Relatively current public information can be accessed at the Financial Information page of the Cracker Barrel web site, or all available publicly filed information can be obtained directly from the files of the Securities and Exchange Commission. Please understand, too, that Cracker Barrel assumes no obligations to update the information in the Financial Information section of its web site, except in periodic public filings with the Securities and Exchange Commission under Forms 10-K, 10-Q and 8-K.
RESTRICTIONS ON USE
Material from crackerbarrel.com and any other World Wide Web site owned, operated, licensed, or controlled by Cracker Barrel Old Country Store, Inc., or any of its related, affiliated, or subsidiary companies, is copyrighted and may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Cracker Barrel Old Country Store, Inc., or its affiliates, particularly CBOCS Properties, Inc. However, our website guests may download one copy of the material on one computer for personal, non-commercial home or educational use. You may not delete or change any copyright, trademark, or other proprietary notices. You may not resell, decompile, reverse engineer, disassemble, or convert the copy to a human perceivable form. Modification or use of these web site materials for any other purpose violates intellectual property rights. If you download information from our site, the software, including any text files, images and audio files contained in or generated by the software, and all accompanying data is deemed to be licensed to you by CBOCS Properties, Inc. Neither title nor any intellectual property rights are transferred to you, but remain with CBOCS Properties, Inc.
Prior written consent must be obtained for any commercial use or any use involving further publication or distribution of information provided on this web site. Please forward any requests in writing to Cracker Barrel Old Country Store, Inc., ATTN: Law Department, P.O. Box 787, Lebanon, TN 37088-0787.
A. The mobile applications and other software we offer under any of our trademarks or servicemarks, including, without limitation, any associated content (e.g., all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, and documentation) and/or interactive features available or accessible through the same, are owned by us, our licensors, or both (collectively, “Applications”). Except for the limited use rights granted to you in this section, you shall not acquire any right, title or interest in our Applications, or any derivative works or enhancements to the same. Any right to our Applications not expressly granted in this section is expressly reserved.
B. We may offer certain Applications at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Applications are not being sold to you; rather, you are being granted a limited license to use our Applications. We may withdraw or terminate that license at any time, or discontinue support for our Applications at any time. Unless we specifically permit or tell you otherwise, the license to use of our Applications does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically permit or tell you otherwise, the use of our Applications in connection with a mobile device is limited to the relevant device and/or operating system you are using at the time you purchase the license to use the Application.
C. Except as we expressly permit in writing, you may not: (1) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Applications; (2) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of our Applications; or (3) decompile, reverse engineer, or disassemble any portion of our Applications.
D. The terms, limitations and disclaimer of warranties set forth in the “Limitation of Liability” section below shall apply to our Applications to the fullest extent permitted by law.
LIMITATION OF LIABILITY
The material in this site is provided for lawful informational purposes only. While Cracker Barrel intends it to be correct, it could include factual errors, omissions or typographical errors. Cracker Barrel may discontinue or alter the site at any time. Cracker Barrel will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or on-line failure. Cracker Barrel will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials on this site even if there is negligence by Cracker Barrel or Cracker Barrel has been specifically advised of the possibility of those damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Cracker Barrel's total liability to you for all losses, damages, and all causes of action will not exceed the amount you paid to access this site.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRACKER BARREL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRACKER BARREL DOES NOT WARRANT THAT ANY INFORMATION IS ACCURATE OR THAT ANY FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL OR ERRONEOUS SOFTWARE OR DATA. YOU (AND NOT CRACKER BARREL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ARISING FROM OR RELATED TO YOUR USE OF THIS SITE. THIS EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT A WARRANTY IS ACTUALLY IMPLIED BY APPLICABLE LAW AND APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
You are free not to communicate with us, therefore, all remarks, suggestions, ideas, graphics, or other information communicated to Cracker Barrel through this site are voluntary and they will become forever the exclusive property of Cracker Barrel. Cracker Barrel cannot, and under no circumstances will Cracker Barrel be required to, treat any communications or submissions as confidential. If you wish to submit product or business ideas, you should contact appropriate business persons prior to that submission. Cracker Barrel will not be liable for use of any business or product ideas or for any similarities that may appear in future Cracker Barrel operations if the ideas are submitted through this site. Cracker Barrel will have exclusive ownership everywhere of all present and future rights to every submission and will be entitled to use any submission for any commercial or other purpose, without compensation to you or any other person. You acknowledge that you are responsible for all material you submit, and you have full responsibility for the message, including its appropriateness, legality, originality, and copyright.
All materials on the Cracker Barrel site are made available only to provide information about Cracker Barrel Old Country Store, Inc. and its related or affiliated companies. Cracker Barrel Old Country Store, Inc. controls and operates this site from its headquarters in Lebanon, Tennessee, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable United States and local laws, and you represent and warrant that you are a lawful user of this site and its software. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.
This site may be linked to other sites, which are not maintained by Cracker Barrel. Cracker Barrel has not reviewed all of the sites linked to this web site. Cracker Barrel does not control and is not responsible for the content of any off-site pages or any sites linked to this web site. The inclusion of a link to any site does not imply affiliation with Cracker Barrel or endorsement by Cracker Barrel of the site. Your linking to any off-site pages or other sites is at your own risk.
Except for specific terms and conditions, which may appear on specific pages, this is the entire agreement between the parties relating to the use of this site. Cracker Barrel can modify these terms and conditions at any time. These terms and conditions are governed by and should be interpreted pursuant to the laws of the State of Tennessee, United States of America, regardless of principles of conflicts of law. If any part of these terms and conditions is unlawful or unenforceable, that part is severable and the validity and enforceability of all remaining provisions will not be affected. Cracker Barrel products and services are available in many parts of the country, however, this site may describe products and services which are not available nationwide or in a particular location.
NOTICE OF SIMILAR NAME
Cracker Barrel Old Country Store® is a nationally registered trade and servicemark owned by CBOCS Properties, Inc. It has come to our attention, however, that Cracker Barrel Stores, Inc., a Louisiana corporation, has a website at crackerbarrelcstores.com. Cracker Barrel Stores, Inc. does business under that name only within the State of Louisiana operating convenience stores. That company and that web site are NOT AFFILIATED IN ANY WAY WITH CRACKER BARREL OLD COUNTRY STORE, INC. OR SUBSIDIARIES AND AFFILIATES. We regret any confusion that company or its web site may cause.
© 2012 CBOCS Properties, Inc.