CRACKER BARREL CARES
TERMS AND CONDITIONS
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These Terms and Conditions were last updated June 1, 2024.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AS FURTHER DEFINED AND DESCRIBED BELOW. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE OUR WEBSITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE OUR WEBSITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
Cracker Barrel Cares, Inc. (“CBC,” “we,” “us,” or “our”) provides this website for purposes of facilitating employee donations and offering financial assistance for employees experiencing a covered qualifying event (the “Website”). If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions, which together with our Privacy Policy govern our relationship with you in relation to the Website. If you disagree with any part of these Terms and Conditions, please do not use our Website. The terms “you” or “your” refer to the user or viewer of our Website.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 13, REQUIRES YOU TO ARBITRATE CLAIMS ARISING FROM YOUR USE OF THE WEBSITE 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 AND CONDITIONS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER CONTAINED IN SECTION 13 OF THESE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE.
We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Your continued use of the Website following any changes constitutes your acceptance of the new terms and conditions.
1. Use of the Website. The content of the pages of this Website is for your general information and use only. It is subject to change without notice. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense. You must be at least 13 years old to use the Website. We cannot guarantee the protection or security of the content or material you post or share on our Website.
2. Privacy. This Website uses cookies to monitor browsing preferences. Please refer to our Privacy Policy for more information on what other personal information we collect and how we use it.
3. Intellectual Property. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the text, the design, layout, look, appearance and graphics of and on the Website, in addition to the CBC name, logo, and various other trademarks used on the Website. These materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are prohibited from using, reproducing, distributing, performing, publicly displaying, or preparing derivative works of our intellectual property without our prior written permission. If you make something available on the Website by posting, commenting, or otherwise sharing it on the Website, you hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to what you post, in any format, method, or channel, to use, copy, reproduce, store, transmit, translate, distribute, perform, prepare derivative works, publicly display, and display such posted content. You hereby agree not to post or otherwise share on the Website any material that infringes others’ intellectual property or proprietary rights or any material which you wish to keep confidential. We reserve the right to remove material or content that violates these Terms and Conditions. If you believe your intellectual property rights have been violated, please see our Copyright Policy below.
4. Copyright Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (“DMCA Notice”) must include substantially the following:
a. Your physical or electronic signature;
b. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works;
c. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
d. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
e. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
f. A statement that the information in the DMCA Notice is accurate; and
g. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
CBOCS, Inc.
Attn: Legal Department
307 Hartmann Drive
Lebanon, Tennessee 37087
615-235-4054
DMCA@crackerbarrel.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
5. Feedback. We welcome your feedback on the performance of our Website. By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to CBC with respect to our Website (collectively, “Feedback”); you hereby agree that such Feedback shall not be subject to any obligation of confidentiality on CBC’s part and CBC shall not be liable for any use or disclosure of any Feedback. CBC shall own all rights and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.
6. Limited Right to Use; User Conduct. You may access and use our Website for your personal use and strictly in accordance with these Terms and Conditions. You may not, and may not permit or encourage and other person to, distribute, copy, reproduce, download, prepare derivative works of, or transmit any content from the Website for commercial or non-personal use without the prior written approval of CBC. You may not “mirror” any content or information contained on our Website or any other server without prior written permission from CBC. Any unauthorized use of any content contained on our Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. You also agree not to permit or to encourage any third party to do any of the same. In addition, you shall not (and shall not authorize or encourage any other person to):
a. Delete, modify, hack, or attempt to change or alter any of the Website content;
b. Remove, delete, alter, or obscure any trademarks or any copyright or other intellectual property or proprietary rights notices from the Website or any Website content;
c. Reverse engineer, disassemble, decompile, or decode the Website or any Website content, in whole or in part;
d. Use any robot, spider, other automatic device, or manual process to “screen scrape,” “monitor,” “mine,” or copy the Website content;
e. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website;
f. Provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity;
g. Post or transmit through the Website any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable;
h. Take any action that imposes an unreasonable or disproportionately large load on CBC and/or our affiliates’ infrastructure;
i. Disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program that may damage the operation of another’s computer or the property of another;
j. Commercialize access to or use of the Website or Website content; or
k. Engage in any other activity deemed by CBC to be in conflict with the spirit or intent of these Terms and Conditions.
7. Links to Other Websites. Our Website may contain links to external third-party websites that are not operated by CBC. If you click on one of these links, you will be taken to websites we do not control. We have no control over the content and practices of these websites and are not responsible for their privacy policies. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity, their content or services, or the persons or entities associated with those websites. These Terms and Conditions do not apply to those third-party websites. We encourage you to carefully review the terms and conditions of any third-party websites you visit. We are not responsible for the content, terms and conditions, actions, or security of third-party websites.
8. Payment Processing. All transactions completed in USD. This Website may use third-party payment processors to process payment for donations or purchases made through the Website. Your use of any third-party payment processor is subject to the terms and conditions of that payment processor.
9. Warranty Disclaimer. NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. CBC PROVIDES ITS WEBSITE “AS IS” WITHOUT WARRANTY OF ANY KIND. ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, AVAILABILITY, ACCURACY, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF WARRANTY UNDER THIS CLAUSE ALSO APPLY TO OUR SUBSIDIARIES, AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS. THERE IS NO GUARANTEE THAT YOUR GRANT APPLICATION WILL BE APPROVED.
10. Indemnification. You agree to defend, indemnify, and hold CBC, its affiliates, partners, and their respective officers, directors, employees, agents, subcontractors, successors, assignees, suppliers, and third-party service providers harmless from and against any and all claims, losses, liabilities, damages, fines, penalties, costs, expenses (including attorneys’ fees) arising from, related to, or caused by, in whole or in part by, your use of the Website, your violation of these Terms and Conditions, or the violation of any rights of a third party, and you covenant not to sue CBC for any injuries to you or your property arising out of or relating to your use of the Website.
11. Limitation of Liability. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CBC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF CBC EXCEED ONE-HUNDRED U.S. DOLLARS (USD $100.00). IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
12. Governing Law and Dispute Resolution. Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of the State of Tennessee without regard to its conflict of laws rules. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website 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. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. Mandatory Arbitration and Class Action/Jury Trial Waiver.
a. Dispute Resolution. You and CBC each agree (together, for purposes of this Section 12(a) 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 CBC 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 Cares, Inc., 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 following receipt of 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 12(e) below, we each agree that any arbitration will be solely between you and CBC, 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 the 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.
14. Export Control. You may not use, export, import, or transfer this Website except as authorized by U.S. law, the laws of the jurisdiction in which you accessed the Website, and any other applicable laws. In particular, without limitation, our Website 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 this Website, 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 will also not use our Website 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 Website is 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 of our Website, either directly or indirectly, to any country in violation of such laws and regulations.
15. Miscellaneous. CBC may assign its right and duties under these Terms and Conditions without notice to you. You may not assign these Terms and Conditions without the prior written consent of CBC, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and CBC’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions, as revised from time to time by CBC, constitute the entire agreement between the parties with regard to the subject matter in these Terms and Conditions and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to CBC.
16. Contact Information. If you have any questions about these Terms and Conditions, CBC’s practices, or your dealings with the Website, please contact us at:
Email: cbcares@crackerbarrel.com
Mail:
Cracker Barrel Cares, Inc.
307 Hartmann Drive
Lebanon, Tennessee 37087
Phone: 615.443.9807