TERMS OF USE
TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND Crossroads Bar-B-Que, LLC (“CROSSROADS BAR-B-QUE,” “WE,” “US” OR “OUR”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE Crossroads Bar-B-Que WEBSITE LOCATED AT THE URL: WWW.CROSSROADS-BBQ.COM (THE “SITE”) AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.CROSSROADS-BBQ.COM BY Crossroads Bar-B-Que, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (COLLECTIVELY, THE “SERVICES”). ALL REFERENCES TO “SITE” INCLUDE ANY MOBILE APPLICATION OFFERED BY Crossroads Bar-B-Que (“APPLICATION”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE OUR SITE OR OUR APPLICATION, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CROSSROADS BAR-B-QUE MAY CHANGE THE CONTENT AND SERVICES THAT WE OFFER AT ANY TIME. CROSSROADS BAR-B-QUE CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING A CHANGE NOTICE OR UPDATED TERMS OF USE ON THIS SITE. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. YOUR CONTINUED USE OF THIS SITE, OR THE SERVICES AVAILABLE THROUGH THIS SITE, WILL BE CONCLUSIVELY DEEMED TO INDICATE YOUR ACCEPTANCE OF THE CHANGE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CROSSROADS BAR-B-QUE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Eligibility
General Use Restrictions
Using the Site and the Services on the Site and our Application
You may download one copy of the material on this Site on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices.
You can place orders online for pickup from Crossroads Bar-B-Que stores through the online ordering system. You can place these orders either as a guest or through an online account that you can create. To create an account, you must provide your first and last name, email address and a proposed password (“”Crossroads Bar-B-Que Password”). Once your account is established, you can use that account to place orders. Please note that information you provide when setting up your account will be provided to Crossroads Bar-B-Que.
To join our Email Marketing Campaigns, you may be asked to submit your name, birth date, zip code and / or email address.
You are responsible for maintaining the confidentiality of your Crossroads Bar-B-Que Password and any Third Party Site Password, (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let anyone else access your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Crossroads Bar-B-Que if any of your Passwords on this Site are lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
Online Ordering and Purchases
Promotional Offers and Menu Items
Privacy Policy
Links to Third Party Sites
Submissions
We do not currently, but may in the future allow users to post content on our Site or in connection with our Services. If we allow such postings, you are responsible for the accuracy and integrity of anything that you submit to us (a “Submission”), and you must ensure that you have the rights to it – don’t violate someone else’s copyright. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to Crossroads Bar-B-Que set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
Unless otherwise explicitly stated herein or in the Crossroads Bar-B-Que Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that we may use any of your Submissions for any purpose, and you hereby assign, transfer and convey to Crossroads Bar-B-Que all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Crossroads Bar-B-Que to monitor, police or remove any Submissions or other information submitted by you or any other user.
Unauthorized Activities
Please be respectful when you use our Site and Services. For example, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate your ability to post to this Site (or the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Crossroads Bar-B-Que determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Crossroads Bar-B-Que may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at Crossroads Bar-B-Que’s discretion, Crossroads Bar-B-Que will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Submissions and unauthorized use of any Materials or third party content contained on this Site may violate certain laws and regulations
Proprietary Rights
Intellectual Property Infringement
Crossroads Bar-B-Que respects the intellectual property rights of others, and we ask you to do the same. Crossroads Bar-B-Que may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Crossroads Bar-B-Que’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 at the Site, and information reasonably sufficient to permit Crossroads Bar-B-Que to locate the material.
- Information reasonably sufficient to permit Crossroads Bar-B-Que to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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 and/or trademark owner, its agent, or the law.
- 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.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties
Limitation of Liability
Local Laws; Export Control
Feedback
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
If you have a complaint or concern, please contact us. If we cannot resolve our dispute, we require you to engage in arbitration with us. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Crossroads Bar-B-Que shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Crossroads Bar-B-Que” means Crossroads Bar-B-Que and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Crossroads Bar-B-Que regarding any aspect of your relationship with Crossroads Bar-B-Que, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Crossroads Bar-B-Que’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
If you have a complaint or concern, please contact us. If we cannot resolve our dispute, we require you to engage in arbitration with us. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Crossroads Bar-B-Que shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Crossroads Bar-B-Que” means Crossroads Bar-B-Que and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Crossroads Bar-B-Que regarding any aspect of your relationship with Crossroads Bar-B-Que, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Crossroads Bar-B-Que’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
Exclusions from Arbitration/Right to Opt Out
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Crossroads Bar-B-Que may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 FREE. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267 FREE. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Crossroads Bar-B-Que may initiate arbitration in either XXXX, AL or the federal judicial district that includes your billing address. If you select the federal judicial district that includes your billing address, Crossroads Bar-B-Que may transfer the arbitration to XXXXX, AL in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Crossroads Bar-B-Que will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Crossroads Bar-B-Que as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Jury Waiver
Severability
Continuation
Miscellaneous
Contact Us
If you have any questions about these Terms or otherwise need to contact Crossroads Bar-B-Que for any reason, you can reach us at:
Crossroads Bar-B-Que, LLC.
9063 Lee Road 246
Smiths Station, AL 36877
Atten: Website Support
Phone: (334) 297-0070