Cracker Barrel Old Country Store, Inc. Terms of Use

(Effective & Last Modified July 26, 2023)

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, including Cracker Barrel Rewards™ (“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) THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 15, REQUIRES YOU TO ARBITRATE CLAIMS ARISING FROM YOUR USE OF THE SERVICES THAT YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. THIS MEANS YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND THAT YOU AGREE TO A CLASS ACTION WAIVER IN ARBITRATION. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER CONTAINED IN SECTION 15 OF THESE TERMS BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR USE, DO NOT USE OUR SERVICES.

(D) 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.

(E) 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 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. If you no longer wish to receive telephone calls from Cracker Barrel, you can be removed from our list by sending your request through our Contact Us form.

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

(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:

(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, CRACKER BARREL REWARDS, 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:

(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:

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:

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:

(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:

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 or Davidson County, Tennessee. 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, & CLASS ACTION/JURY TRIAL WAIVER

(A) Dispute Resolution. We and Participant each agree (together, for purposes of this Section J only, “We” or “Our”) to first notify the other of any dispute or claim involving the other relating to the Program (each, a “Dispute”). You agree to first contact us by sending a written description of your Dispute to Cracker Barrel’s Guest Relations department using the Contact Us form to allow us an opportunity to resolve the Dispute You have, and You will be first contacted by us based on the contact information we have for You (phone, email, etc.). If We are unable to resolve the Dispute in this way, We each agree to submit to the other notice of the Dispute via written notification that includes a description of the Dispute, all relevant documents/information, and the proposed resolution to the Dispute (“Dispute Notice”). You agree to send such written notification to us at Cracker Barrel Old Country Store, Attn: General Counsel, 307 Hartmann Drive, Lebanon, Tennessee 37087. Written notification of a Dispute to You will be sent based on contact information You have provided to us.

(B) Binding Arbitration. If, after 60 days of receipt a Dispute Notice, We have been unable to resolve the Dispute, WE EACH AGREE THAT THE DISPUTE MAY ONLY BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION before and as administered by JAMS under its then current and applicable rules and procedures for such Disputes. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. We each acknowledge and agree that, but for this agreement to arbitrate Disputes: (a) We would otherwise have the right or opportunity to litigate Disputes through a court and to have a judge or jury decide the case; and (b) WE VOLUNTARILY CHOOSE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, TO HAVE ALL DISPUTES RESOLVED THROUGH BINDING ARBITRATION AND UNCONDITIONALLY WAIVE THE RIGHT TO BRING DISPUTES IN COURT. We each further agree that Disputes include questions as to the validity or applicability of this binding arbitration clause and, to the fullest extent permitted by law, Disputes brought on Our behalf by anyone (including, without limitation, our heirs, agents, successors, and assigns).

(C) Applicable Law. This agreement to arbitrate and each arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended, to the exclusion of any inconsistent state law. The laws of the State of Tennessee, without regard to its choice of law principles, will exclusively govern substantive law.

(D) Exception to Arbitrate. We each may bring qualifying claims in small claims court. Further, as provided in Section 15(E) below, We each agree that any arbitration will be solely between You and us, not as part of a classwide claim. If for any reason any court or arbitrator holds that this NO CLASS ACTION restriction is unenforceable, then Our agreement to arbitrate does not apply and the classwide dispute must be brought in court in the applicable federal or state court for Davidson or Wilson County, Tennessee.

(E) NO CLASS ACTIONS. TO THE FULLEST 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.

(F) NO TRIAL BY JURY. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

16. 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.

17. 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.