EFFECTIVE September 16, 2024
GUEST WIFI TERMS OF USE
1. INTRODUCTION
Welcome to the Internet service operated by Agincourt Industries, LLC together with its subsidiaries d/b/a Maple Street Biscuit Company (collectively, “Maple Street”, “we,” “our,” and “us”). This Internet service is a complementary service permitting you access to the public internet, some or all of which may be accessed through a variety of means (all of which are collectively called our “Service”). The term “you” or “your” includes anyone who registers with Maple Street in order to access the public internet while at a Maple Street physical location.
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Service in any way you are agreeing to comply with these Terms of Use, including any documents, policies, and guidelines incorporated by reference (referred to collectively as the “Terms”). Certain services available through the Service, especially services not provided by Maple Street for which you have the ability to subscribe or pay for online, may have their own terms and conditions that apply to your use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with Maple Street. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.
2. AUTHORITY
By using our Service, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in the Terms; otherwise, please exit the Service.
3. CHANGES TO THE TERMS OR SERVICE
Maple Street may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Service. The amended Terms will automatically be effective when posted on our Service. Your continued use of our Service after any changes in these Terms shall constitute your consent to such changes. Maple Street reserves the right to change, modify, or discontinue, temporarily or permanently, the Service (or any portion thereof), including any and all content contained on the Service, at any time without notice. You agree that Maple Street shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any portion thereof.
4. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Service, you agree to: (a) provide true, accurate, current, and complete information and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, Maple Street may without notice suspend or terminate your access to our Service and refuse any and all current or future use of our Service or any portion thereof.
If any portion of our Service requires you to register or open an account, you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Maple Street of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Maple Street may otherwise have, Maple Street reserves the right to take any and all action it deems necessary or reasonable to ensure the security of the Service and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Maple Street may rely on the authority of anyone accessing your account or using your password, and in no event and under no circumstances shall Maple Street be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Maple Street under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Service is invulnerable to all security breaches and that Maple Street makes no warranty, guarantee, or representation that use of any of our Services are protected from viruses, security threats, or other vulnerabilities.
5. COPYRIGHT AND AUTHORIZATION
The Service provides you access to a wide variety of information, communications, and other services, products, data, and materials (“Content”). Some Content is owned by Maple Street NETWORKS, LIMITED PARTNERSHIP and/or its subsidiaries or their affiliates, while other Content is owned by any third party who publishes Content on the public internet.
6. COPYRIGHT COMPLAINTS
Maple Street respects the intellectual property rights of others. If you believe that any material available on or via the Services infringes a copyright you own or control, you may file a notification in accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”) and we will respond promptly to claims of copyright infringement. In accordance with the DMCA, you should notify the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Maple Street Biscuit Company, Attn. Legal Department, 105 Continental Pl Ste 410, Brentwood, TN, 37027, info@maplestreetbiscuits.com. Such notice of infringement should be in writing and include substantially the following:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A specific description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 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.
Maple Street’s manager for notice of claims of copyright infringement on the Sites can be reached at the following address:
CBOCS, Inc.
Attn: Legal Department
307 Hartmann Drive
Lebanon, Tennessee 37087
or via fax at 615-235-4054, or via email at DMCA@crackerbarrel.com.
7. TRADEMARKS AND SERVICE MARKS
“Maple Street Biscuit Company” and the Maple Street Biscuit Company logos are registered trademarks of Maple Street. All other Maple Street trademark, service marks, logos, domain names, trade or company names, or indicia of origin referred to on the services belong to us and/or our affiliates or licensors. In countries where any of our trademarks, service marks, logos, domain names, trade or company names, or indicia of origin are not registered, we claim other rights associated with unregistered trademarks, service marks, logos, domain names, company names, or indicia of origin. Other product or company names referred to on the Services may be the trademarks of their respective owners. You may not use any trademark, service mark, logo, domain name, company name of indicia of origin of ours or any third party without permission from the owner of the applicable trademark, service mark, logo, domain name, or indicia of origin. Your use of the Services does not create, and nothing contain in the Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any intellectual property rights of Maple Street. Content, whether or owned or not by us may not be used without permission.
8. SERVICE INFORMATION
Maple Street does not warrant that information, graphic depictions, product and service descriptions or other Content accessible by the Service is accurate, complete, reliable, updated, current, or error-free. The Service provides access to the public internet of a general nature. Despite our efforts, it is possible access to the public internet offered via the Service may inaccessible.
9. ROAMING
Maple Street, as part of the Service, may offer you the opportunity to use the Service at two or more different sites (each a “Site,” and collectively, the “Sites”) operated by two or more Maple Street physical store without the need to re-register. In the event that you, having registered to use the Service at one Site, enter another Site operated by another Maple Street store, the Service will recognize your device, and you may be given the opportunity to use the Service without registering. In the event that you make use of the Service at more than one Site, you acknowledge and agree that your personal data (as provided by you previously) will be disclosed to each additional Maple Street location.
10. USER SUBMITTED CONTENT
Our Service may provide You access to “publicly accessible areas” such as message boards, blogs, forums, customer feed-back, member profiles, yellow pages, job folders, or other features that allow users to post Content that will be accessible by the public or the user population generally. You retain any and all of your lawfully owned rights in any message, data, image, text, photo, graphic, audio, video, or other material you elect to post to publicly accessible areas of our Service. Notwithstanding the forgoing, you grant Maple Street a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Service to access, display, view, store, distribute, perform, reproduce, and prepare derivative works of the Content that you have placed in publicly accessible areas of our Service. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. Maple Street is under no obligation to post or use any Content you may provide, and Maple Street may remove your Content at any time in its sole discretion. You agree that Maple Street is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that: (i) you own or otherwise control all necessary rights to the Content that you post; (ii) such Content is accurate; (iii) use of the Content you supply does not violate these Terms, specifically including, without limitation, the requirements of Section 11 (Acceptable Use); (iv) your Content will not cause injury to any person or entity; and (v) you will indemnify Maple Street for all claims resulting from the Content you supply.
Maple Street does not pre-screen or control Content posted by users of our Service and, therefore, does not guarantee the accuracy, integrity, or quality of such Content. Maple Street shall have the right (but not the obligation) in its sole discretion to monitor, refuse, or remove any Content that is available via our Service for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Services, we are only a platform and are not liable for any statements, representations, or Content provided by Service users. Any opinions, advice, or recommendations expressed therein are those of the users providing such Content and not those of Maple Street. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Service is used to disseminate statements that are harmful or inflammatory.
11. ACCEPTABLE USE
You agree to use our Service and the Content (whether provided by us or others) in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Service or Content, nor will you use our Service to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any Content or use our Service in any manner that:
(A) Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive;
(B) Infringes on someone else’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;
(C) Removes any proprietary notices or labels on the Content;
(D) Advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party;
(E) Is deceptive in any way, such as an offer to sell fraudulent goods, or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
(F) Specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
(G) Constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
(H) Interferes with others using the Services;
(I) Is off-topic according to the description of the group, forum, or webpage;
(J) Contains software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
(K) Contains a charity request, petitions for signatures, chain letters, or letters relating to a pyramid scheme;
(L) Disrupts, interferes, or inhibits any other user from enjoying the Services or other affiliated or linked websites, material, contents, products, and/or services;
(M) Uses any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Service or otherwise monitor or copy any portion of the Service, products, and/or services;
(N) Creates a false identity for the purpose of misleading others;
(O) Prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information for any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party;
(P) Uses any Maple Street domain name as a pseudonymous return email address;
(Q) Contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
(R) Provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(S) Attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Services;
(T) Reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Services or Content, use of the Services, or access to the Services;
(U) Publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
(V) Systematically collects and uses any Content, including the use of any data mining or similar data gathering and extraction methods;
(W) Makes derivative uses of the Services or the Content;
(X) Uses, frames, or utilizes framing techniques to enclose any portion of the Services (including the images found at the Services or any text or the layout/design of any page or form contained on a page); or
(Y) Modifies, translates, decompiles, disassembles, uses reverse engineering, or otherwise attempts to derive the source code for the computer systems and other technology that operate our Service. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Service to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Service’s underlying technology.
12. SERVICE SECURITY
Violating the security of our Service is prohibited and may result in criminal and civil liability. Maple Street may investigate incidents involving such violations and may involve law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation: unauthorized access to or use of data or systems, including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures; unauthorized monitoring of data or traffic; interference with service to any user, host, or network, including, without limitation, mail bombing, news bombing, other flooding techniques; deliberate attempts to overload a system; forging any TCP/IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers; and using manual or electronic means to avoid any use limitations.
13. GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Service, Maple Street provides this Service for use only by persons located within the United States. Maple Street makes no representation that all products, services, and/or material described on the Service are appropriate or available for use all locations. As the internet is a global network, use of the Services may enable you to access websites in various other countries throughout the world. Any website outside of the United States will be governed by applicable terms of use and privacy policies and not by these Terms.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF OUR SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICE AND ANY SERVICE-RELATED FUNCTION THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITH THE SERVICE AND ANY SERVICE-RELATED FUNCTION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAPLE STREET, ITS RESPECTIVE OFFICERS, AGENTS, PARENT, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT.
(B) MAPLE STREET AND ITS RESPECTIVE OFFICERS, AGENTS, PARENT, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE, OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SERVICE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE, COMPLETE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN OUR SERVICE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SERVICE OR OUR SOFTWARE.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPLE STREET OR THROUGH OR FROM OUR SERVICE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SERVICE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION. MAPLE STREET DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF OR INTERPRETATION OF THE INFORMATION CONTAINED ON THE SERVICE.
15. ENFORCEMENT
Maple Street reserves the right, but does not assume the obligation, to strictly enforce these Terms, including without limitation removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation, and prosecution in any court or other appropriate venue.
Maple Street may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on Maple Street´s reasonable judgment that disclosure is necessary; or to enforce or apply our agreements (including these Terms); to initiate, render, bill, and collect for services; to protect our rights or property; or to protect users of Maple Street´s services, the Service, and other persons or entities from fraudulent, abusive, or unlawful use of the Service. INDIRECT, ATTEMPTED, OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL MAPLE STREET, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, PARENT AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE ,OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SERVICE; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SERVICES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED FROM OUR SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND MAPLE STREET’S REASONABLE CONTROL; OR (VII) ANY OTHER MATTER RELATING TO OUR SERVICE, EVEN IF MAPLE STREET OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE AND/OR SERVICE-RELATED FUNCTION IS TO STOP USING THE SERVICE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MAPLE STREET UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Maple Street and each of its respective subsidiaries and their affiliates, officers, agents, parent, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (i) Submitted Material or any other content you submit, post, or upload to or transmit through our Service; (ii) your use of our Service; (iii) your connection to our Service; (iv) your violation of these Terms; or (v) your violation of any law or the rights of another. These obligations will survive any termination of your relationship with Maple Street or your use of our Service. Maple Street reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Maple Street in asserting any available defenses.
18. TERMINATION/SUSPENSION
You agree that Maple Street may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Services or change your password without notice. Cause for such termination, suspension, or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if Maple Street elects instead to suspend your account, may include any one or more of the following): (a) removal of access to all offerings within the Services; (b) deletion of your password and all related information, files, and other Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Service. You agree that all terminations and suspensions for cause shall be made in Maple Street´s sole discretion and that Maple Street shall not be liable to you or any: (i) third party for any termination or suspension of your account, (ii) loss of storage, (iii) loss of any associated email address, or (iv) loss of access to the Service. Further, Maple Street reserves the right, in its sole discretion, to immediately terminate or suspend your account, any associated email address, and access to the Service at any time for any reason and without notice to you.
19. 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 send such written notification to us at Maple Street Biscuit Company, Attn: Legal Department, 105 Continental Pl Ste 410, Brentwood, TN, 37027. Written notification of a Dispute to You will be sent based on contact information You have provided to 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 19. 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 19, whether related to this Section 19 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 Maple Street. If you are the one filing the claim, Maple Street 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 Maple Street to bear all arbitration fees and expenses in connection with the arbitration, including the arbitrator’s fees, Maple Street 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 Maple Street, for any such amounts apportioned to you, and Maple Street 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 19, 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 Maple Street 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, Maple Street 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 19 or Maple Street’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 19 is included in these Terms of Service in connection with a transaction involving interstate commerce. Accordingly, this Section 19 and any proceedings thereunder shall be governed by 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 Maple Street 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.
20. 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.
21. 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.
22. 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.
23. 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.