Privacy Policy
This Internet Web Site Use Agreement (the "Agreement") is between you and Cruisin’Fried
Chicken, LLC., (the "Company") with headquarters at P.O. Box 21047, Montgomery,
AL 36121-0247. Your use of the Company Internet Web Site (the "Web Site") is subject
to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEB SITE. Use of the Web Site signifies your unconditional agreement to the terms
and conditions of this Agreement. If you do not agree to these terms and conditions
of use, do not access or otherwise use this Web Site.
(2) The Company may gather, process and use information and materials received from
you (e.g., name, physical address, e-mail address) or collected through your use
of the Web Site for any lawful reason or purpose.
(3) The Company reserves the right, at its sole discretion, from time to time to
change, modify, add or remove any portion of this Agreement, in whole or in part,
at any time. Notification of changes in the Agreement will be posted on the Web
Site.
(4) The Web Site is protected by one or more copyrights pursuant to U.S. copyright
laws, international conventions and other intellectual property laws. You will abide
by any and all copyright notices, trademark notices, ownership information or restrictions
contained in any Content on the Web Site. You may download and make copies of the
Content and other downloadable items displayed on this Web Site, provided that you
maintain all copyright and other notices contained in such Content. Copying or storing
of any Content on the Web Site for reproduction, redistribution or publication to
third parties for commercial purposes is expressly prohibited without the prior
written permission from the Company. All rights to the Company's copyrighted materials
not expressly granted herein are reserved by the Company.
(5) The Company, at its sole discretion, may change, suspend or discontinue any
aspect of the Web Site at any time, including the availability of any Web Site feature,
database or Content. Company may also impose limits on certain features and services
or restrict your access to parts or the entire Web Site without notice or liability.
(6) You represent, warrant and covenant that you shall not upload, post or transmit
to or distribute or otherwise publish through the Web Site any materials which:
(i) restrict or inhibit any other user from using and enjoying the Web Site; (ii)
are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage
conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law or governmental regulation; (iv) violate, plagiarize or
infringe the rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary right; (v) contain
a virus or other harmful or destructive elements; (vi) contain any information,
software or other material of a commercial nature; (vii) contain advertising of
any kind; or (viii) constitute or contain false or misleading indications of origin
or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the Company, and all
its officers, directors, agents, employees, information providers, affiliates, licensors
and licensees from and against any and all liabilities, claims, penalties, losses,
damages, cost and expense (including court costs and reasonable attorney's fees,
interest expense and amounts paid in compromise or settlement), suits or actions
arising out of or resulting from any breach by you of this Agreement, including
the foregoing representations, warranties and covenants. You shall cooperate as
fully as reasonably required in the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the other World Wide
Web Internet sites and resources operated and controlled by parties other than the
Company. Links to and from the Web Site to such third party sites does not imply
or constitute an endorsement by the Company of any third party material or contents.
(9) The Company does not represent or endorse the accuracy or reliability of any
advice, opinion, statement or other information displayed or distributed through
the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. The Company reserves the
right, in its sole discretion, to correct any errors or omissions in any portion
of the Web Site.
(10) The Company reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or government request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, that in
the Company's sole discretion are objectionable or in violation of this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED
ON AN "AS IS" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES
NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB
SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY
WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE
COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION,
THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH
THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION
MAY NOT APPLY TO YOU.
(12) Any products or services purchased from the Company shall be provided in accordance
with the Company's general terms and renditions.
(13) By posting messages, uploading files, inputting data or engaging in any other
form of communication (individually or collectively "Communications") to the Web
Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted,
non exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise fully
exploit such Communications, in all media now known or hereafter developed. You
hereby waive all rights to any claim against the Company for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights and rights of attribution in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site is not confidential
and that Communications may be read or intercepted by others. You acknowledge that
by submitting Communications to the Company, no confidential, fiducial, contractually
implied or other relationship is created between you and the Company other than
pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF ALABAMA WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY
AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING
ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL
COURT LOCATED IN THE STATE OF ALABAMA.
(16) The Company has a long standing policy that does not allow it to accept or
consider creative ideas, suggestions or materials other than those which have been
specifically requested or otherwise affirmatively solicited by the Company in writing.
It is the intent of this policy to avoid possible misunderstandings as to the ownership
of creative ideas, concepts, suggestions or materials. If you send any creative
materials, suggestions, ideas, notes, drawings, concepts or other information (collectively
known as the "Information") to the Company in printed form, electronic means or
otherwise, the Information shall be deemed to be the property of the Company and
shall not be subject to any obligations of confidence, non-disclosure or non-usage.
The Company is hereby entitled to unrestricted usage of the Information on a worldwide
basis without compensation to the provider of the Information.
(17) This Agreement constitutes the entire agreement between the Company and you
with respect to your use of and access to the Web Site. This Agreement supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between you and the Company with respect to the Web Site. Use of the
Web Site is unauthorized in any jurisdiction that does not give effect to all of
the terms and conditions of this Agreement. Any cause of action you may have with
respect to your use of and access to the Web Site must be commenced within one (1)
year after the claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to give
legal effect to the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect. A printed version of this Agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement or the Web Site to the same
extent and subject to the same conditions as other business documents and records
generated and maintained in printed form by the Company. The failure of the Company
to enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor bar the Company's right to enforce the provision.