Cracker Barrel Old Country Store, Inc.
Terms of Use

1. INTRODUCTION AND ACCEPTANCE

(A) Cracker Barrel Old Country Store, Inc. (“Cracker Barrel,” “we,” “us,” and “our") offers you access to its interactive online websites, applications, and services. These Terms of Use, together with any additional terms which might apply to certain products or services, govern your use of our websites (“Website”), products, or any of our mobile widgets, services, or other applications (“Applications”) – together, our “Services.” Our Services include www.CrackerBarrel.com and all other locations on which we place these Terms of Use.

(B) PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

(C) By using the Services, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

(D) By providing your telephone number, you are providing express written consent to receive communications from Cracker Barrel (including its affiliates, agents, and service providers for the purposes of defined above) for any purpose, including but not limited to, marketing various services from both Cracker Barrel and companies we have joint marketing agreements with. Additionally, you agree to receive communications from Cracker Barrel regarding your any service, and any information you may have obtained via your use of a Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email, or other similar means -- regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that Cracker Barrel is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

2. INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names, and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in our Services or in any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. ACCESS AND USE

(A) We may offer certain portions of our Services at no charge (e.g., Websites) and others (e.g., Applications) for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of any of our Applications is limited to the relevant device and/or operating system you are using at the time you are granted the license to use the Application.

(B) THIRD-PARTY TERMS:

(i) IN CERTAIN INSTANCES, YOUR USE OF AN APPLICATION, OUR WEBSITE, OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU NOTICE OF THIS IN THE OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

(ii) Without limiting the foregoing, you acknowledge and agree that the availability of our Applications and related Services are dependent on the third party from whom you received the Application license (e.g., the Apple iTunes, Google Play, or other App stores (“App Store")). You acknowledge that these Terms of Use are between you and Cracker Barrel and not with the App Store. Cracker Barrel, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and for addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

(C) Our Services are provided for your personal, non-commercial use only. You acknowledge that Cracker Barrel reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, trademark and copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install, and/or print Service Content (e.g., a restaurant menu). In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content.

(D) Furthermore, except as expressly permitted in these Terms of Use, you may not:

(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;

(ii) 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 any software or other Service Content;

(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, Cracker Barrel grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cracker Barrel reserves the right to revoke these exceptions either generally or in specific cases;

(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, or email addresses;

(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;

(vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content or our Services;

(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;

(ix) encourage conduct that violates any local, state, or federal law, either civil or criminal, or to impersonate another user, person, or entity (e.g., using another person’s Account (as defined below);

(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

(E) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

(F) You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

4. USER REGISTRATION

(A) IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES (ONLINE ORDERING, MOBILE PAYMENT, WAITLIST, ETC.), YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION.

(B) If you become a registered user, you will provide true, accurate, and complete registration information, and if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us immediately at 615-444-5533 if you become aware of any breach of security or unauthorized use of your Account.

5. USER CONTENT

(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content, even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(C) You represent, warrant, and covenant that you will not submit any User Content that:

(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;

(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;

(iv) is an advertisement for goods or services or a solicitation of funds;

(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

(vi) contains a formula, instruction, or advice that could cause harm or injury; or

(vii) is a chain letter of any kind.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted to us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate, including, without limitation, (1) in connection with our business, and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(E) By submitting User Content, you also grant us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Joey P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with these terms, where it is applicable.

(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).

(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

6. UNSOLICITED IDEAS

Many of us often come up with great ideas and the like that we feel compelled to share. You may even want to share ideas for new products, recipes, services, and/or advertising and marketing campaigns with us. However, as a company that constantly strives to improve its products, services, technology, and promotional techniques, we must take steps to ensure our own ability to innovate. With that in mind, it is Cracker Barrel’s policy not to accept, review, or consider any unsolicited ideas, products, works, materials, proposals, artwork, content, or the like (“Submissions”) from anyone other than our employees, agents, and our existing suppliers and contractors. The purpose of this policy is to avoid potential misunderstandings or disputes when Cracker Barrel’s products, services, technologies, advertising, promotions, or content might seem similar to submissions provided to Cracker Barrel. Please note that if, despite our request that you not send us your Submissions, you submit them to us anyway, then regardless of what your communication says, you unconditionally agree that: (A) your Submissions, along with related intellectual property rights ,will immediately upon submission become the sole and exclusive property of Cracker Barrel, without compensation to you or any other person or party; (B) Cracker Barrel can use, reproduce, disclose, publish, and distribute the Submissions for any purpose whatsoever, without restriction and in any way; (C) there is no obligation for Cracker Barrel to review the Submissions; and (D) there is no obligation to keep any Submissions confidential. Cracker Barrel does, however, welcome feedback regarding Cracker Barrel’s existing products, services, and marketing strategies. Any feedback you provide at this site will be deemed non-confidential and not proprietary. Cracker Barrel will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

7. SERVICE CONTENT & THIRD-PARTY LINKS

(A) We provide our Services including, without limitation, Service Content for educational, entertainment, and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

(B) Any health-related Service Content available is not intended to be a substitute for professional medical advice. Cracker Barrel does not warrant the validity of any such health-related statements found on or through our Services. All such information is general in nature and may be helpful to some persons but not to others, depending upon their personal needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on or through our Services.

(C) Service Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.

(D) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites and are not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

8. EXPORT CONTROL

You may not use, export, import, or transfer our Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, our Applications and other software may not be exported or re-exported: (A) into any United States embargoed countries or (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using our Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that the Services we provide are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any of our Services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

9. INDEMNIFICATION

You agree to indemnify and hold harmless Cracker Barrel and its officers, directors, employees, parents, partners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Cracker Barrel Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE CRACKER BARREL PARTIES DISCLAIM ANY AND ALL WARRANTIES, INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.

11. LIMITATION ON LIABILITY

(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE CRACKER BARREL PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES, INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT, IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING OUR SERVICES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY ALL OF THE CRACKER BARREL PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY CRACKER BARREL DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

12. TERMINATION

(A) We reserve the right, in our sole discretion and at any time, to terminate or suspend your Account and/or block your use of our Services for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Cracker Barrel is not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use that by their nature should survive the suspension or termination of your Account shall survive, including, but not limited to, the intellectual property rights of Cracker Barrel or its licensors, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.

13. COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

CBOCS, Inc.
Attn: Legal Department
307 Hartmann Drive
Lebanon, Tennessee 37087

Fax: 615-235-4054

Email: [email protected]

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

14. CHOICE OF LAW; JURISDICTION AND VENUE These Terms of Use shall be construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws rules. Any legal or arbitration proceedings against Cracker Barrel that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in Wilson County. Where such dispute is permitted to be heard via the courts, such dispute shall be heard in the state and federal courts applicable to Wilson County, Tennessee, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

15. DISPUTE RESOLUTION & MANDATORY ARBITRATION

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at 615-444-5533. We will contact you based on the contact information you have provided us.

(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section 15. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not parties to this Section 15, whether related to this Section 15 or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration. A neutral arbitrator will be selected by mutual agreement of the parties. The arbitrator shall be either a retired judge who presides in the jurisdiction where the arbitration is convened and is experienced in the subject matter of the underlying dispute or an attorney who is experienced in the subject matter of the underlying dispute and is licensed to practice law in that jurisdiction. If the parties cannot mutually agree on an arbitrator, any party can request a court of competent jurisdiction to appoint one. A demand for arbitration must meet the same pleading standards as if the demand were made in a court of law. The arbitrator will decide any disputes over whether a legal claim has been stated pursuant to a state, federal, or local law.

(D) The arbitration, including discovery, motions, and other procedures, will be conducted in accordance with the Federal Rules of Civil Procedure (“FRCP”) and the Federal Rules of Evidence (“FRE”), except as otherwise provided in this Section 15. A copy of the FRCP and FRE can be obtained for free at this link: https://www.law.cornell.edu/rules/frcp and https://www.law.cornell.edu/rules/fre. Subject to the remainder of this paragraph, in any arbitration conducted pursuant to this Section 15, the arbitrator’s fees and expenses and the costs of the hearing facilities, will be advanced by Cracker Barrel. If you are the one filing the claim, Cracker Barrel will pay the portion of the filing fee, if any, that is in excess of the similar court filing fee had you been able to file the claim in court, but in no event will you be required to pay a filing fee of more than $400.00. Where applicable law requires Cracker Barrel to bear all arbitration fees and expenses in connection with the arbitration, including the arbitrator’s fees, Cracker Barrel will do so. Otherwise, the arbitrator may apportion the arbitrator fees and expenses between the parties as part of his/her decision in accordance with applicable law. You will pay, or, if applicable, reimburse Cracker Barrel, for any such amounts apportioned to you, and Cracker Barrel will pay any such amounts apportioned to it. Either party may apply to the arbitrator for injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved, and either party may, without waiving any remedy under this Section 15, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the right or property of that party, pending the establishment of the arbitrator (or pending the arbitrator’s determination of the merits of the controversy), including to enforce any applicable contractual restrictive covenants.

(E) The parties agree that the following provisions shall apply to the arbitration proceedings:

(i) In arbitration, each party shall be permitted to take the following discovery at the requesting party’s expense: (a) three (3) depositions; (b) fifteen (15) interrogatories (written questions); and (c) fifteen (15) requests for document production. The arbitrator shall decide all disputes related to discovery and to the agreed limits on discovery and may allow additional discovery upon a showing of substantial need by either party or upon a showing of an inability to pursue or defend certain claims without such additional discovery.

(ii) At least fifteen (15) days before the start of the arbitration hearing, each party will provide the other party and the arbitrator with a list of witnesses, including any expert witnesses, a brief summary of the testimony of each witness, and a list of all exhibits intended to be used at the hearing. Unless so ordered by the arbitrator, witnesses or exhibits which do not appear on these lists will not be allowed to testify or be introduced during the hearing.

(iii) Within 30 days after the hearing, each party will have the right to prepare a brief, a copy of which must be shared with the other party and filed with the arbitrator. The arbitrator shall issue a written decision within 30 days of receipt of the parties’ briefs, which decision shall include a statement of the arbitrator’s findings of fact and conclusions of law. The arbitrator may award any relief to either party to which Cracker Barrel or you may be entitled by law. Any award by an arbitrator shall include written findings of fact and conclusions of law. The award of the arbitrator may be enforced under the terms of the Federal Arbitration Act (Title 9 U.S.C.) and/or under the law of any state to the maximum extent possible. If a court determines that the award is not completely enforceable, it shall be enforced and binding on both parties to the maximum extent permitted by law.

(iv) Issues relating to this Section’s validity, enforceability, or interpretation of its prohibitions on class and collective proceedings shall be exclusively for a court of competent jurisdiction to decide. Otherwise, Cracker Barrel and you agree that all other issues are for the arbitrator to decide. The arbitrator shall have the authority to rule on all motions, whether made prior to or at the hearing, including motions for summary judgment or summary adjudication and motions to dismiss, With respect to any such motions, the party filing the motion may file a reply brief at their option or as required by the arbitrator or the applicable rules. The arbitrator shall not have the authority to amend, modify, or delete any provision of this Section 15 or Cracker Barrel’s policies, unless violative of applicable law. The arbitrator shall have the authority to award only such remedies as could be awarded by a court under the applicable substantive law, which may include injunctive or other equitable relief. Prior to the hearing, the arbitrator shall encourage the parties to explore settlement.

(v) All arbitration proceedings are confidential, unless applicable law provides otherwise. The arbitrator shall maintain the confidentiality of the arbitration to the extent the law permits and shall have the authority to make appropriate rulings to safeguard that confidentiality. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

(vi) Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Section and to enforce an arbitration award. The prevailing party in such an action shall be awarded its attorneys’ fees and costs.

(F) This Section 15 is included in these Terms of Service in connection with a transaction involving interstate commerce. Accordingly, this Section 15 and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(G) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Cracker Barrel and not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the classwide dispute must be brought in court.

16. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

17. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

18. AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or any Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email, or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.

19. MISCELLANEOUS

(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree that an arbitrator (or, if permitted, a court) shall strike only that provision and that the remaining terms of these Terms of Use shall remain in force.

(C) Where we have provided you with a translation of the English language version of these Terms of Use or any Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

(D) These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

(E) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

(F) Cracker Barrel Old Country Store® is a nationally registered trademark and service mark owned by CBOCS Properties, Inc. A separate Louisiana corporation, operating under the name of Cracker Barrel Stores, Inc., operates a website located at www.crackerbarrelcstores.com. The Louisiana corporation also operates convenience stores under that name, as well as Cracker Barrel Convenience Stores, only within the State of Louisiana. Please note that the Louisiana corporation, its convenience stores, and its website are NOT AFFILIATED IN ANY WAY WITH CRACKER BARREL OLD COUNTRY STORE, INC. OR ITS SUBSIDIARIES AND AFFILIATES. We regret any confusion that the Louisiana corporation, its stores, or its website may cause to our customers.