Corporate

Does Cracker Barrel Old Country Store, Inc. franchise its stores?

All Cracker Barrel Old Country Store locations are company-owned and operated. We do not franchise any stores.

How can I apply for a job at Cracker Barrel?

There are many career opportunities at Cracker Barrel, including corporate, restaurant/retail management, and hourly positions. Browse our job openings at http://crackerbarrel.com/careers.

How do I contact Guest Relations?

To contact Guest Relations, please complete our online Contact Us form or call us at 800-333-9566. Guest Relations representatives are available 8:00 a.m. – 5:00 p.m. EST, Monday – Friday.

How many Cracker Barrel Old Country Store locations are there?

As of today, there are 663 locations in 45 states. Visit our Store Directory for more information.

What is Cracker Barrel's response to Coronavirus (COVID-19)?

Cracker Barrel is closely watching how the Coronavirus (COVID-19) outbreak evolves and are making decisions about business operations and precautionary health measures for employees and guests with the intention of caring for everyone like family. As part of this commitment, we have taken important steps to elevate our focus beyond our customary high standards of sanitation, cleaning and employee hygiene in response to COVID-19. Read our Response to COVID-19.

Where did Cracker Barrel get its name?

When our founder, Dan Evins, opened the first Cracker Barrel, he was passionate about recreating old country stores from his childhood along interstates and highways so that travelers would always have a place to stop, relax, get a good country meal and feel at home. Crackers used to be delivered to those old country stores in barrels, and people would congregate around them to discuss the news of the day – they were the original water coolers! Since the restaurant was meant to help people reconnect with friends and family over a good meal, it was a fitting name.

Where can I get information about the financial performance of the company?

For information regarding the corporate and financial side of Cracker Barrel, please visit the Investor Relations portion of this website.

Where is your home office located and how do I contact you?

Our Home Office mailing address is P. O. Box 787, Lebanon, Tenn. 37088-0787. Our physical address is 305 Hartmann Drive, Lebanon, Tenn. 37087. Our phone number is (800) 333-9566. Our representatives are available Monday-Friday from 8:00 a.m. to 5:00 p.m. Central Time.

COVID 19 Safety and Service

Are you performing health screens on your employees?

Yes. Managers conduct a wellness screening with every employee at the start of every shift to ensure each employee has no symptoms before they start work. Each employee also has their temperature taken as part of this screening process. Additionally, a mid-shift screening is completed with every employee to ensure symptoms have not changed since the beginning of the shift.

Are you providing hand sanitizer?

All stores have hand sanitizer available at the front door for guests and employees as they enter and exit.

How are you ensuring the payment process is safe

There are several steps being taken to ensure a safe and sanitary payment process. You will notice Plexiglas has been placed between registers, and floor signage has been put down to ensure guests and employees maintain six feet of distance. Trays will be provided to pass cash from guest to employee and back again. You can also choose to skip the wait and pay your check from anywhere in the store through our PAY IN APP.

How are you helping your employees who are out of work?

We have created a toll-free, 24/7 COVID-19 response hotline for employees to help us streamline and validate information and respond in a timely manner.

Our intranet sites, The Front Porch and The Barrel, provide the most up-to-date information on the ways we are supporting our employees including limited retention pay, how to take advantage of unemployment benefits while still employed by Cracker Barrel, and other benefits and resources to help make this difficult time a little bit easier.

How are you maintaining a clean and disinfected store for guests?

To make every guest feel right at home, we're practicing enhanced cleaning and disinfection efforts at every store. In addition, we are using wipeable menus and removing high-touch table items like salt & pepper shakers and condiments, which are now available by request only.

How are you supporting social distancing in your store, dining room and front porch?

We're doing everything we can to offer guests a little comfort right now. That includes making sure that the health and safety of our guests and employees come first. On your visit you may be greeted by our host on the front porch, and if there’s a wait, you will be notified via mobile phone when your table is ready (you can always check the wait time on our ONLINE WAIT LIST in advance of your visit). We're also marking the floors and adding signage to help guests and employees remember to maintain safe distances.

Is there a limit on the number of people that can sit together in the dining room

Due to COVID-19, party sizes may be limited. Please call YOUR STORE for information on the table seating limit in your city.

Should I wear a mask or personal protective equipment when I visit a store?

When not at your table, you're strongly encouraged to wear a mask. We will strictly follow and enforce all local and state mandates where masks are required. In those locations where a mask is mandated, we can provide one if you don't have one. Small children and those unable to wear one for health reasons are exempt.

What if an employee tests positive?

In the event an employee has been confirmed positive, we have protocols in place to ensure the safety of those in the store and work closely with and take guidance from the CDC as well as local and state health authorities. 

 

We never share the identity of an employee who tested positive, but we conduct our own contact tracing to notify all employees who may have been in contact with the individual based on that person's last day in the building and when he/she started exhibiting symptoms. Those employees who were in close contact, which is defined by the CDC, are asked to quarantine and are temporarily taken off the schedule.

Which restaurants and dining rooms are open?

You can check the status of your local store on our Store Directory. If your dining room remains closed you can still enjoy your favorite homestyle cooking from the comfort of home with our curbside, pickup and delivery options. 

Why are some dining rooms open and others are not?

Our dining rooms will be reopened according to the guidelines of state and local officials and our own standards of excellence. This includes ensuring that we have the products and supplies needed to deliver a safe and enjoyable Cracker Barrel experience.

Will tables be spaced further apart?

Many of the tables in our restaurants will be closed for seating to support social distancing.

Will the peg games be back on tables?

The peg games will not be back on our tables just yet, but we invite you to download our CRACKER BARREL GAMES APP and enjoy the peg game from your mobile phone at any time. 

Will you be wiping down the rocking chairs?

Our enhanced cleaning and disinfection efforts at every store extend from the kitchen and dining room to the rocking chairs on our front porch.

Will you close your store if an employee tested positive?

If an employee has been confirmed positive, we coordinate with local health authorities and follow established protocols and CDC guidance to determine the appropriate course of action based on the facts of the particular case. We will not hesitate to close a store if the facts warrant or the health authorities believe this is the best course of action.

Will your employees be wearing masks when I visit?

We have provided all stores with masks and all employees will be wearing them.

Restaurant

Are recipes available for the items on your menu?

Grandma never gave away her prize recipes, and neither do we! But we do appreciate your interest.

Does Cracker Barrel issue discount coupons to individuals or groups? Are senior citizen discounts available?

In an effort to provide food and merchandise of the highest quality and value for the money to everyone, Cracker Barrel Old Country Store does not offer discounts or coupons to our guests.

Is additional nutritional information available for your menu items?

For additional nutrition information for all of your favorite meals, view our Nutrition Guide.

Whether you’re craving a traditional breakfast, homestyle favorite, fresh salad, or a lighter classic, we like to think there’s something for everyone at Cracker Barrel.


Tasty Alternatives 

When you’re in the mood for lighter Cracker Barrel favorites, remember that our Tasty Alternatives can be substituted for no extra charge. Some of our favorite Tasty Alternatives include subbing Egg Whites for two eggs or two slices of Multigrain Toast instead of biscuits.

What are your hours of operation?

Hours may vary between locations so please check the hours on your local store page. Find a location

What is Cracker Barrel's standard bread service?

At Cracker Barrel Old Country Store we want to make sure guests get the hottest, freshest biscuits and corn muffins we can serve up. And when possible, we want to avoid waste by only serving bread to folks who want the biscuits or corn muffins. As a result, we ask our guests what type of bread they want – biscuits or corn muffins, and we serve the bread with our guests' meals. As competitive as our business has become, every chance to reduce waste helps hold prices down.

If you do have a preference of having your bread before your meal, just let your server know and fresh, hot biscuits and corn muffins will be right out to you.

I have a food allergy. Where can I find allergen information on your menu items so I know what I can safely eat?

For individuals with food allergies, view our ALLERGEN GUIDE. Our allergen guide covers the eight major food allergens.

Please note, our normal kitchen operations involve shared preparation and cooking areas, including common fryer oil; therefore, cross-contamination of all our menu items is possible. We cannot guarantee that the menu items listed in our allergen guide are completely free of allergens. We recommend our guests with food allergies speak with the restaurant manager prior to placing an order, to make the kitchen aware of your needs.

Cracker Barrel To-Go

Can delivery drivers accept cash?

Our delivery drivers are not allowed to accept cash. We accept MasterCard, Visa, American Express and Discover when you place your order online.

Can I schedule my delivery in advance?

Yes, when you place your online order, you will be prompted to enter your delivery date and time.

Does Cracker Barrel deliver?

Cracker Barrel Delivery is available in select stores. To see if delivery* is available at your local Cracker Barrel, please visit our Store Directory and search for your location. When placing an order online, you will have the option to choose delivery if it is available for your location. Please feel free to contact your local Cracker Barrel if you have any questions. Cracker Barrel is also available on popular apps such as DoorDash and Postmates.


*At participating locations. Delivery hours and delivery radius may vary. Minimum order required and delivery fees apply.

Does Cracker Barrel offer contactless delivery?

For delivery service, you can add special instructions to your online order such as "leave at the front door" or "contactless delivery" to help you maintain social distancing.

What are Cracker Barrel's delivery hours?

Delivery hours and availability vary by store location. Please visit our Store Directory and search for your location to see delivery hours and availability at your location. 

Is the delivery charge a tip to my driver?

No, the delivery charge is not the same as a tip to your driver.

Is there a minimum order amount required for delivery?

Individual plates of food can be delivered for a minimum $15 order. Large catering orders delivered in our catering vans require a minimum order of $25.

How do I edit change or cancel my order?

To edit, change or cancel your order, please contact the store where you placed your order. Visit our Store Directory and search for your location to find the store phone number.

How does Curbside service work?

  1. Place your order on our website or app and select curbside when checking out.
  2. When you arrive at the store, call to let us know you have arrived and give a description of your vehicle.
  3. An associate will bring your order to your vehicle on a tray for a no-contact pickup.

How does Pickup service work?

  1. Place your order on our website or app and choose pickup.
  2. We'll let you know when your order will be ready. (When you place your order, you can choose a day and time that is convenient to you. Your confirmation email will include the date and time your order will be ready.)
  3. Drive to your local Cracker Barrel and park in a To-Go parking spot.
  4. Come on in, and we'll have your order ready for pickup.

Is Curbside service available at my store?

Check our Store Directory for the availability of curbside service at your hometown Cracker Barrel.

Is Pickup service available at my store?

Pickup service is available at most Cracker Barrel locations. To see if available at your local Cracker Barrel, please visit our Store Directory and search for your location. 


What is Cracker Barrel To-Go?

Cracker Barrel To-Go lets you enjoy your favorite homestyle Cracker Barrel meals in the comfort of your home. We offer carry out, curbside, and delivery services. We have many different portion options from a single plate all the way to a catered feast.

What is Curbside Service?

Curbside service lets you order from your favorite Cracker Barrel location without ever leaving your car.

What is Pickup service?

If you choose to pick up a To-Go order, this means you will go inside your local Cracker Barrel to pick up your order. 

Catering

Do you have options if I have a group that is trying to eat healthy?

Our Fresh Start Breakfast Bundle is a light and wholesome way to start the day. It includes Create Your Own Oatmeal Bar, Yogurt n' Granola, Fresh Seasonal Fruit, and Wild Maine Blueberry Muffins.

For lunch and dinner options, check out our Country Salads. Choose either Chicken Tenderloins Salad or Country Chef Salad.

How do I keep my catered meal warm?

We recommend using a Sterno kit to keep your food warm for your guests. You can add one to your order before check out for $15.00 each. To add, locate the “Sterno and Chafing Dish Kit” under “ADD SERVING ITEMS” before you checkout. Review this instructional video to learn how to use the Sterno kit.

How far in advance do I need to place my Catering order?

We can accommodate many catering orders with 2 hours' notice. However, since our items are handcrafted just for your occasion, we recommend ordering 12 hours in advance for larger parties.

How many people does the catering menu serve?

Our menu starts at a serving size of 6 people to accommodate smaller parties, but all menu items are flexible to be scaled up for larger groups.

What is included with my catering order?

Serving utensils and individual utensils are included with every order to make serving a breeze! We also send butter n’ jam so you can fix your biscuits just how you like ‘em, Disposable plates and a disposable tablecloth are available upon request online or when you pick up your order. Chafing dishes and sterno kits are available for purchase online or when you pick up your order. 

What’s the best way to order Cracker Barrel catering?

You can conveniently order online at any time day or night, or contact your local Cracker Barrel to speak with one of our catering experts.

Pay In App

How do I turn on Location Services on an iPhone?

1. Go to Settings > Privacy > Location Services.

2. Make sure that Location Services is on.

3. Scroll down to find the app.

4. Tap the app and select an option that turns Location Services on.

How do I turn on location services on an Android?

1. Tap Settings.

2. Tap Location.

3. Move the slider to On.

I have the most updated version of the app so why am I not given the option to pay in the app?

"Location Services" must be turned on in the device for the app to recognize a store location.

Where is my receipt?

Servers can provide a detailed receipt if needed, or Guests can take a screen shot of their payment confirmation.

Why do I not have the option to pay in the Cracker Barrel App?

Ensure the app version is up to date by visiting the app store on the device.

Retail

Can I order Cracker Barrel Rockers online?

Yes, We offer a large assortment of  rockers online. Shop Cracker Barrel Rocking Chairs.

Can I order merchandise and food items online or by telephone?

The same quality and tradition of some of our favorite food products and retail merchandise available in our stores is now ready for delivery to your family and friends. Please visit our Online Store. You can also purchase Gift Cards online for that “hard-to-shop-for” friend. At the present time, we do not offer a mail order catalog for Country Store purchases. To purchase additional items not for sale in our Online Store, visit the Cracker Barrel Old Country Store location nearest you. Please visit our Store Directory page for a list of store locations.

How do I find a retail item?

If you are not able to find the item in our online store, please check with your local store for assistance. Our Guest Relations Department is not able to fill any orders that are marked at 40% off the original price or greater.

What is your Return Policy?

In-Store Purchases
Merchandise refunds are gladly given within 90 days of purchase when merchandise is accompanied by the original receipt. After 90 days an exchange or merchandise return card will be issued for the current selling price for returns with an original receipt. For returns without a receipt, an exchange or merchandise return card will be issued at the current selling price. When returning merchandise paid for by personal check, allow 10 business days from date of purchase for a refund; within 10 business days or less of the original receipt purchase, an exchange or merchandise return card will be issued.

Online Orders
Your satisfaction is very important to us! If you're not completely satisfied with your order, you may return any item, for any reason, within 90 days of receipt, using the instructions on your packing slip. We'll also refund the shipping charges if the return is because of our error. To read the complete return policy and for more information on how to return your order, please refer to the back of your packing slip or, click here.

Are any Cracker Barrel food products available by mail?

Several quality food products available in our stores can be shipped to your home. The products include, Country Ham, Spiral Sliced Country Ham Sampler, Sugar Cured Whole Turkey, Sugar Cured Ham, Smokehouse Pancake Breakfast, Meat Lovers Breakfast, Weekend Breakfast, Country Breakfast Sampler, and Deluxe Breakfast Sampler. Call (800) 813-8087 to order by telephone or click here to order online.

Gift Cards

What if I ordered a digital card by mistake?

Contact Guest Relations to cancel the order. It may take up to one week to receive credit to your account.

What is the difference between a plastic gift card and a digital gift card?

A plastic card may be purchased online and used at any Cracker Barrel location. A digital gift card is sent electronically to an email address that the sender requests when placing an order, but works the same as our plastic version.

Can I pay for my online order with a Cracker Barrel gift card?

Yes, you can pay for an online To-Go food order with a Cracker Barrel gift card. Your gift card must have a PIN to redeem online. If your card does not have a PIN, please call the store to place your order by phone or contact Guest Relations at 1-800-333-9566 to replace your card.

Where can I check the balance of my Cracker Barrel gift card?

You can check the balance of your physical or electronic gift card anytime online at www.crackerbarrel.com/shop/Gift-Cards. Physical gift card balances can also be checked by calling the number on the back of your card or asking a cashier or server to check your balance for you when visiting Cracker Barrel Old Country Store® locations.

Tour Groups

Can your stores accommodate motor coach parking?

Most stores can accommodate motor coach parking. Check with each individual location for details. Find a Cracker Barrel

Do you accept reservations for large groups?

This would not be an actual reservation as we seat first come first serve; however, we can provide the store advanced notification of your visit, and this will allow the store to have more staff available to ensure you and our other patrons have the most pleasurable experience possible. Visit the Tour Groups page.

Do you have a conference/meeting room designated for large groups?

No, we do not have one room designated for large groups. Your party may have to split up into groups of 4 or more in order to get you back on the road quickly.

Do you have a set menu or set prices for large groups?

Currently we do not offer set menus or set prices for large groups. Select a location to access our full menu.

Do you offer discounts for large groups?

Discounts are available on purchases of more than $1,000. For more information please visit our Corporate/Bulk Sales. Shop Gift Cards

Do you offer free meals for the driver and the guide?

Yes, when accompanied by a group of 15 or more, the driver and guide’s meals are free. For more information visit our Tour Groups page. Visit the Tour Groups page

Do you offer prepayment arrangements for large groups?

We currently offer group gift cards that can be activated for any amount. You can purchase a single gift card to cover the entire meal or individual gift cards so folks can order and pay as they choose. For more information, please visit our Corporate/Bulk Sales. Shop Gift Cards

Does Cracker Barrel offer any special benefits to tour groups?

Yes, our Country Coach Service offers several benefits to tour groups. We have a toll free number for advance planning, plenty of motor coach parking, and several other benefits. For more information, visit our Tour Group Program.

Holidays

Is Cracker Barrel open on Easter Sunday?

Yes, Cracker Barrel is open for regular business hours on Easter Sunday. Our lunch and dinner menu is available starting at 11 a.m. Hours may vary between locations so please check the hours on your local store page. Find a location.

Is Cracker Barrel open on Thanksgiving?

Yes, every Cracker Barrel Old Country Store location is open Thanksgiving Day, Nov. 28. Hours may vary between locations so please check the hours on your local store page. Find a location.

Starting at 11 a.m. on Thanksgiving Day only, enjoy a traditional Homestyle Turkey n' Dressing Meal complete with Gravy, a sampling of Sugar Cured Ham, Sweet Potato Casserole with pecans, Cranberry Relish, your choice of a country side, a refillable beverage*, made from scratch Buttermilk Biscuits or Corn Muffins, and a slice of Pumpkin Pie.

Please note that on Thanksgiving Day, all Cracker Barrel restaurants will offer a simplified menu in addition to the Homestyle Turkey n' Dressing Meal.

*Child's meal does not include ham or casserole. Dinner Rolls substituted in To-Go offering. Beverage not included if ordered To-Go.


How far in advance do I need to place my Heat n' Serve order?

Our Thanksgiving To-Go meals are available while supplies last so we encourage ordering as soon as possible.

How long will I need to heat my Heat n' Serve Holiday Family Meal To-Go?

This celebratory meal is cold upon pickup and will be ready from your oven to table in 2 hours or less. Refer to our instruction booklet for a guide to timing tips.

How many people does the Heat n' Serve Holiday Family Meal To-Go serve?

The meal serves up to 10 people. Should you have leftovers, we have included homestyle recipe ideas in the instructions provided.

What is included with my Heat n' Serve Holiday Family Meal To-Go?

Your meal comes with all the fixin’s:

  • Two Oven-Roasted Turkey Breasts
  • Cornbread Dressing
  • Turkey Gravy
  • Cranberry Relish
  • Choice of 3 Country Sides (each serves 10) Choose from our Country Green Beans, Fried Apples, Hashbrown Casserole, Sweet Potato Casserole*, Macaroni n' Cheese, Mashed Potatoes, Whole Baby Carrots, or Whole Kernel Corn. (Substitute our Green Bean Casserole for any Heat n' Serve side or add as an additional side for an added cost.)
  • Sweet Yeast Rolls
  • Pumpkin Pie (while supplies last) & Pecan Pie 

Your meal kit includes easy-to-follow heating instructions and recipes for leftovers.

*Contains Pecans

What's the best way to order my Thanksgiving meal?

You can conveniently order anytime day or night online. You may also call your local Cracker Barrel to speak with one of our employees.

When can I pick up my order?

Our Heat n' Serve Holiday Family Meal To-Go is available for pickup 11/23-12/1. Items should be refrigerated until you are ready to heat n’ serve. Use within 72 hours after pickup.

Our Homestyle Turkey n' Dressing Family Meal To-Go is also available for pickup 11/23-12/1.

Fresh Baked Pies are available 10/28-12/24. Pumpkin pie is available while supplies last 10/28-12/1.

When you place your order, please schedule a pickup time that is convenient for you.

Is Cracker Barrel open Christmas Eve and Christmas Day?

All stores close at 2:00 p.m. on Christmas Eve and remain closed through Christmas Day so our employees can celebrate with family and friends. Stores open on December 26th for regular business hours.

Hours may vary between locations so please check the hours on your local store page. Find a location.

Legal

Product Recalls

This page identifies certain products which Cracker Barrel Old Country Store has sold at our retail stores or on our website that may pose a potential safety concern. Cracker Barrel Old Country Store, in cooperation with the U.S. Consumer Product Safety Commission, posts important safety information regarding these products or announcing their voluntary recall.


Cracker Barrel Old Country Store, Inc. Terms of Use

(Effective January 1, 2020)


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: DMCA@crackerbarrel.com


(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.