LAST UPDATED: 04.03.2023
1. AN AGREEMENT BETWEEN YOU AND US
The terms, conditions, policies, and notices contained in this document (these “Terms of Use”) apply to all websites (the “Sites”) owned or operated by or for SPB Hospitality LLC (“We,” “Us,” “Our,” or “SPB Hospitality”). These Terms of Use are applicable to you (“User,” “You,” or “Your”).
These Terms of Use are effective upon Your access and use of the Site, and by accessing and using the Sites, You agree to comply with and be bound by these terms and conditions, as well as Our “Privacy Policy,” found at https://www.krystal.com/privacy-policy, which is herein incorporated by reference.
Read these Terms of Use carefully before You begin using the Sites. The terms contained herein apply to all Users of the Sites. If You do not agree to be bound by these Terms of Use, then You should not continue to use the Sites, and You should exit its pages.
2. ACCESS AND USE OF THIS WEBSITE
A. Purpose. All materials in this Site are made available only to provide information about SPB Hospitality and its related or affiliated companies.
B. Eligibility. The Sites are offered and available to users who are 18 years of age or older and reside in the United States. By agreeing to these Terms of Use, including by your use of the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
C. Geographic Restrictions. SPB Hospitality controls and operates this website from its headquarters in Nashville, Tennessee, United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are solely responsible for compliance with local laws.
D. Disclaimer. We reserve the right to modify the Sites in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Sites, or the entire Sites, are unavailable for any period of time. Periodically, We may restrict access to portions of the Sites, or the entire Sites. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within the Sites. The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place, or decisions You make, on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by You or any other User of the Site, or by anyone who may be informed of any of its contents.
E. Links from the Sites. If a Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
F. Security. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Site to reconstruct any lost data.
G. Account Information. To access the Sites or some of the resources they offer, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Sites that all the information You provide on the Sites is correct, current, and complete. You agree that all information You provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy. If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Sites or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.
H. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
To falsify any personal information or otherwise create misleading information;
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
To impersonate or attempt to impersonate SPB Hospitality, a SPB Hospitality employee, another User or any other person or entity;
In any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites;
In any way that violates, infringes, or misappropriates the intellectual property, privacy, publicity, or other legal rights of any other party;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Us, may harm SPB Hospitality or users of the Site, or expose them to liability.
You further agree:
Not to use any device, software, or routine that could interfere with the proper working of the Sites;
Not to attack the Sites via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
Not to transmit or upload any material to the Sites that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
Not to use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
Not to use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without Our prior written consent;
Not to download, decompile, reverse engineer, disassemble, or manipulate the Sites files or Sites software in any manners;
Not to interfere with or disrupt the Site networks or servers;
Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, the server on which the Sites are stored, or any server, computer, or database connected to the Sites, through password misuse, mining or any other means;
Not to otherwise attempt to interfere with the proper working of the Sites or encourage or assist any third party in an attempt to interfere with the proper working of the Sites.
3. MONITORING AND ENFORCEMENT
We have the right to:
Remove or refuse to post any User content for any or no reason in Our sole discretion.
Take any action with respect to any User content that We deem necessary or appropriate in Our sole discretion, including if We believe that such User content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Sites or the public, or could create liability for SPB Hospitality.
Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
Terminate or suspend Your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS SPB HOSPITALITY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4. INTELLECTUAL PROPERTY
The Sites, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by Us, Our licensors, or other providers of such materials. For purposes of clarity, SPB Hospitality owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all User Account information entered and stored within Our database(s), as part of the Sites. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We retain all of these intellectual property rights.
You may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on the Sites in any form without the prior written consent of SPB Hospitality.
SPB Hospitality, and other marks designated by SPB Hospitality are propriety marks of SBP Hospitality LLC. Unauthorized use of these marks, logos, pictures, designs, names, or phrases is prohibited by law. All other trademarks which may appear at this Site are the property of the respective trademark owners, and You are not authorized to reproduce any trademarks or service marks without the prior, express written permission of the owner.
If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify Us by providing us with the following in writing:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
To submit a notification of claimed infringement, please contact the Company’s designated agent at the following:
E-mail Address: guestexperience@spbhospitality.com
Mailing Address: Attn: Guest Relations
SPB Hospitality
19219 Katy Freeway
Houston, TX 77094
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
5. USER GENERATED CONTENT
A. When You submit comments, ideas, suggestions, photos, graphics, or any image, text, video, or audio files, or any other type of information through this Site, You grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“User-Submitted Content”). All User-Submitted Content shall be considered public and non-confidential information. For purposes of clarity, SPB Hospitality will be under no obligation to treat User-Submitted Content as confidential or proprietary. You hereby acknowledge and agree that User-Submitted Content may be displayed on this Site and used by Us in any of Our marketing material(s), at Our sole discretion and without any duty of compensation to the User. Additionally, when You post or otherwise submit information to this Site, You represent and warrant that You have ownership and authority to post the information. BY PROVIDING USER-SUBMITTED CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL MATERIAL THAT YOU SUBMIT, AND YOU ASSUME ALL LEGAL OBLIGATIONS RELATING TO YOUR USER-SUBMITTED CONTENT, INCLUDING BUT NOT LIMITED TO THE CONTENT’S APPROPRIATENESS, LEGALITY, AND INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.
B. All User-Submitted Content must entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User-Submitted Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
6. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY THIRD-PARTY WEBSITE LINKED.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL SPB HOSPITALITY, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, FRANCHISEES, CONTRACTORS OR LICENSORS (COLLECTIVELY, THE “SPB PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, YOU AGREE THAT SPB HOSPITALITY IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, OBSCENE, HARASSING, OR OTHERWISE UNLAWFUL CONTENT OR INFORMATION RESULTING FROM YOUR USE OF THIS SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless the SPB Parties from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from Your breach of these Terms of Use or Your use of the Sites, including, without limitation, Your User-Submitted Content, any use of the Sites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.
YOU FURTHER AGREE THAT SPB HOSPITALITY SHALL RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, and in such case, You agree to cooperate with SPB Hospitality in the defense of such matter.
8. AVAILABILITY
SPB Hospitality offers for sale many products and services under SPB Hospitality trademarks, made available in many parts of the country; however, the Sites may describe products and services that are not available nationwide or in a particular location. SPB Hospitality shall not be responsible to any User for the lack of availability of particular services or products in a given location.
9. GOVERNING LAW, JURISDICTION
These Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Nashville, Tennessee. Each Party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
10. SEVERABILITY
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
11. WAIVER
No waiver by SPB Hospitality of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SPB Hospitality, to assert a right or provision shall not constitute a waiver of such right or provision.
12. CHANGES TO THESE TERMS OF USE
We may make changes to these Terms of Use from time to time in our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Website thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. The date that these Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring that You periodically visit Our Site and these Terms of Use to check for any changes.
13. CONTACT US
To ask questions or comment about these Terms of Use, You may contact Us at:
E-mail Address: guestexperience@spbhospitality.com
Mailing Address: Attn: Guest Relations
SPB Hospitality
19219 Katy Freeway
Houston, TX 77094
14. ENTIRE AGREEMENT
This Terms of Use, along with the Privacy Policy referenced herein represent the entire understanding and complete agreement by and among User and SPB Hospitality and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites. BY USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.