By accessing or using the Sites in any way, including without limitation, browsing the Sites, using any information, and/or submitting any content or personal information to J. Alexander’s, you agree to and are bound by these Terms, including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.
- Except as otherwise provided by a third party, all content on the Sites is © 2015 J. Alexander’s Holdings, LLC and/or its licensors. J. ALEXANDER’S, REDLANDS GRILL, BLACK RIVER GRILL, ROCK CREEK STEAKHOUSE AND GRILL, MERUS GRILL, BIRMINGHAM GRILL, CHAIRMAN’S WINE CLUB, BLACK RIVER ANGUS BEEF and Design, BLACK RIVER ANGUS BEEF, STONEY RIVER STEAKHOUSE AND GRILL, STONEY RIVER LEGENDARY STEAKS and Canoe Design, STONEY RIVER LEGENDARY FILET, STONEY RIVER LEGENDARY STEAKS, LEGENDARY STEAKS, and STONEY RIVER are the trademarks of J. Alexander’s or its affiliates. The Sites contain copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and look and feel of the Sites and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of the Sites transfers any right, title or interest in the Sites, Content, or Intellectual Property Rights to you, and J. Alexander’s and its third party licensors retain all of its and their respective right, title and interest to the Sites, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
- Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Sites, in whole or in part, without the express written permission of J. Alexander’s.
- The Sites are available worldwide to anyone with Internet access. However, the Sites may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Sites is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Sites are provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Sites. J. Alexander’s does not make any representations regarding the legality of the Sites in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.
- Certain materials on the Sites may be furnished by third parties. Certain products, services, or company designations for companies other than us may be mentioned in the Sites for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Sites are the trademarks, registered or unregistered, of their respective owners.
A reference to menu item on the Sites does not imply that such menu item is or will be available in your location. J. Alexander’s reserves the right, without prior notice and without incurring any obligations, to discontinue or change its menu and locations.
All information on the Sites is subject to change without notice, including but not limited to information regarding job opportunities. Any employment-related information on the Sites does not represent an offer of employment.
By using the Sites, you agree that you shall not:
- delete, modify, hack or attempt to change or alter any of the Content on the Sites;
- attempt to access accounts, computer systems, or networks connected to any of J. Alexander’s servers or to the Sites, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Sites;
- use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Sites or servers or networks connected to the Sites, or take any other action that interferes with administration and operation of the Sites or other parties’ use of the Sites;
- use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Sites for purposes other than for a generally available search engine;
- use any of J. Alexander’s names, service marks, logos, or trademarks without J. Alexander’s prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
- use any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.
Except as indicated to the contrary elsewhere on the Sites, you may view, copy, retransmit, and print the Content available on the Sites subject to the following conditions:
- you may only use the Content for personal, informational, or non-commercial purposes;
- you may not provide, sell, license, or lease the Content for any fee or other consideration;
- you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on the Sites appear on all copies;
- you may not modify or alter the Content in any way; and
- you may not use any graphics separately from accompanying text. You may also link or hyperlink to the Sites from any Acceptable Site (as defined below), but only if:
- you do not frame the Sites or any portion of the Sites;
- the hyperlink to the Sites is not used in a way that suggests that J. Alexander’s endorses you or your website;
- the link to the Sites is not used or presented in any way that disparages us or tarnishes, blurs or dilutes the quality of our names or trademarks or any associated goodwill; and
- the link to the Sites is not displayed on any web page that displays objectionable content or links. An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (A) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (B) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (C) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (D) violates or encourages others to violate any applicable law.
Other Sites, Third Party Content
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITES, ARE PROVIDED ON AN ‘AS IS, WHERE IS’ AND ‘AS AVAILABLE’ BASIS, WITH ALL FAULTS. J. ALEXANDER’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, COMPLETENESS, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. J. ALEXANDER’S MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE CONTENT OF THE SITES WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL J. ALEXANDER’S OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THE SITES, EVEN IF J. ALEXANDER’S OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. J. ALEXANDER’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR DO NOT AGREE WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
- Collection of Information Use of Information. In connection with your use of the Sites, J. Alexander’s may collect
the following types of information from you:
- Anonymous Information: “Anonymous Information” is aggregate data that websites use to administer their sites. It may include such information as your browser type, device type or identifier, or your Internet Protocol (IP) address, and may include the use of “cookies” or other tracking technologies. J. Alexander’s may from time to time retain third parties to help us collect and aggregate customer information related to the Sites.
- Use of Information. J. Alexander’s uses the information it collects in the following ways:
- Personally Identifiable Information: Personally Identifiable Information collected by J. Alexander’s may be used for purposes including administration of the Sites and communications with you, to process purchases of gift cards, to accept resumes for employment, to send marketing or promotional e-mails or text messages, or other purposes as may be indicated at the time of disclosure. In addition, J. Alexander’s may contract with third parties to assist us in collecting, maintaining, and managing our customers’ and visitors’ information, communicating effectively with our customers and visitors, and providing analytics regarding your interactions with our Sites. In all cases, however, J. Alexander’s will only use your information as permitted by law. J. Alexander’s also may disclose Personally Identifiable Information if required to do so by law or if J. Alexander’s in good faith believes that such action is necessary to (a) comply with the law or with legal process; (b) protect and defend J. Alexander’s’ rights and property; (c) protect against misuse or unauthorized use of the Sites; or (d) protect the personal safety or property of J. Alexander’s’ users or the public. Please note that J. Alexander’s may not provide you with notice prior to disclosure in such cases.
- Security. Security of information communicated by or to J. Alexander’s over the Internet is of utmost concern to J. Alexander’s; unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Please note that email, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to J. Alexander’s. For that reason, to protect your privacy, please do not use email to communicate information to J. Alexander’s that you consider confidential. While J. Alexander’s strives to protect your personal information, J. Alexander’s cannot ensure or warrant the security of any information you transmit to J. Alexander’s or through the Sites, and you do so at your own risk.
- Disclosure of Information Through Business Transfers. As J. Alexander’s continues to develop its business, J. Alexander’s may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, user information may be among the transferred assets. Similarly, in the event that a portion or substantially all of J. Alexander’s’ assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets.
- COPPA. Protecting the privacy of children is very important to us. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. J. Alexander’s strictly adheres to COPPA. For that reason, J. Alexander’s does not collect or maintain information obtained through the Sites from those we actually know are under 13, and no part of the Sites is structured to attract anyone under 13.
- Do Not Track. Some browsers have a “do not track” feature that lets you indicate that you do not wish to have your online activities tracked. These features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser or block or delete tracking cookies, we and our third-party providers may continue collecting information about your online activities as described in this Section 9.
- Collection of Information Use of Information. In connection with your use of the Sites, J. Alexander’s may collect the following types of information from you:
Modifications to Terms
J. Alexander’s may change these Terms from time to time by posting updated Terms on the Sites, which shall apply to your use of the Sites after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Sites following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Sites.
Limitation of Actions
You agree that any dispute arising out of these Terms or your use of the Sites must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its choices of law provisions.
You agree that any dispute arising out of or relating in any way to your use of the Sites requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, J. Alexander’s may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of Davidson County, Tennessee, or to any federal court located within Davidson County, Tennessee, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law.
You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.
Termination of Access
J. Alexander’s reserves the right to modify or terminate your access to the Sites (or portions of the Sites) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Sites. Sections 1, 4-9, 11-12, this Section 14, and 15-16 of these Terms shall survive any termination.
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. J. Alexander’s’ failure to act with respect to a breach by any visitor using the Sites does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms and any modifications to the foregoing constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
- Contact Information
If you have any questions about these Terms, the practices of J. Alexander’s, or your dealings with the Sites, please contact J. Alexander’s through the address below. You may also contact J. Alexander’s to update your personal information by notifying J. Alexander’s when you change your name or email address.
J. Alexander’s Holdings, LLC
3401 West End Avenue, Suite 260
Nashville, Tennessee 37203
Last Updated: August 26, 2015