Terms and Conditions
We hope you are enjoying our Site and want to make sure you understand the terms and conditions that apply to your use.
The following terms and conditions shall govern the products and services provided to you by La Madeleine de Corps, Inc. d/b/a (“la Madeleine”) from any la Madeleine website, including this one (the ”Site”).
These terms may change from time to time and your use of the Site indicates that you accept them and agree to be legally bound by them, even when they change. If you do not with these Terms & Conditions, please exit our Site.
REFERENCES TO LA MADELEINE AND YOU, OUR GUESTS
Whenever we refer to “la Madeleine”, “we”, “us”, “our” or a similar pronoun, we mean all of the affiliates, parent, subsidiaries, licensees, agents or other related companies of and including La Madeleine de Corps, Inc., the owner of this Site. In this section, we refer to the visitor of this site as “you”, “your”, or our “Guest.”
COPYRIGHTS AND TRADEMARKS
Everything in this Site is owned by la Madeleine or we have the right to use it. This includes our name, trademarks, trade dress and copyrights. You do not have the right to use, distribute, copy, republish or download any part of the Site unless we agree to it. You may, however, print a copy of an order or confirmation page for your personal use. If you do use our property for any other reason, you will be violating our property rights and we may pursue all legal remedies against you. You agree to indemnify us for any losses, costs and expenses we may suffer as a result of your misuse of this Site.
Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of La Madeleine, its franchisees, or any third party. This Site is provided free of charge and unless specifically otherwise identified is for informational purposes only and, unless specifically otherwise identified, does not create a business or professional services relationship between you and La Madeleine de Corps, Inc., la Madeleine, its supplier(s) or any of its franchisees.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by La Madeleine de Corps, Inc. You may browse through this Site and occasionally download small amounts of la Madeleine owned content appearing on this Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on this Site. You may not attempt to alter or modify the content posted on this Site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any intellectual property on this Site, any software supporting this Site, or this Site itself.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without our prior written permission.
Accounts, Security, Passwords
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. We may, at our discretion, cancel or suspend any account and deactivate or delete any related information and/or files associated with the account or bar access to such information and/or files at any time without any notice or liability to you or any other person.
We may make available to you the ability to order from our restaurant locations online only at participating locations. For locations which do not currently participate in online ordering, you can still place orders for pick-up, catering pick-up and catering delivery (where catering delivery services are available) by calling the location near you. These terms apply only to orders placed through this Site. Prices will be identified as you place your order. Minimum order amounts may apply. Any applicable delivery fees, cancellation fees, taxes and other amounts due in connection your order will be identified at the time you place your order. There may be limits on the dollar values and number of orders which may be placed on this Site. You are responsible for payment of your order, in advance, by credit card (or other payment option made available on this Site) at the time of ordering. We use a third-party provider to process credit card payments. You may have the ability to choose to have your credit card associated with your account. This will be done by means of tokens, not your actual credit card number. The location identified when you place your order is responsible for fulfilling your order and for any questions/communications regarding your order. The inclusion of any products or services on the Site at a particular time/location does not imply or warrant that these products or services will be available at any time and/or at every location. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified on this Site. This Site may allow you to customize your order. Portion size references are for convenience only and do not indicate nutrient content information of any kind. Refunds, if any, of amounts paid for cancelled catering orders will be identified at the time of cancellation. Please contact the location responsible for fulfilling your order directly to identify amounts due.
Each time you order you agree that we are authorized to charge your designated account for the applicable rate or price published on the Site.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION ON THE SITE.
Online orders are not binding on us. We may amend, adjust or cancel orders at any time in accordance with current pricing. Delivery may be conditioned on a minimum order, and delivery charges may vary by location.
You are not to use our Site and any information provided in it for any unlawful purpose. The contents of this Site are for informational purposes only. If for any reason, any law in any jurisdiction where you are located prohibits or restricts your use of this Site, you agree to comply with those laws. We make no representations that this Site complies with those laws. Our principal offices are in Dallas, Texas, in the United States. If there is a dispute between la Madeleine and a Guest, then any claim, suit, litigation, mediation, arbitration or other legal proceeding relating to that dispute must occur in Dallas, Texas. These legal terms will be governed and interpreted pursuant to the laws of the State of Texas and the United States of America, notwithstanding any principles of conflicts of law. If you place orders, submit information or request information through this Site, then you are doing so at our offices in Dallas, Texas. If any part of these terms or this Site is unenforceable, unlawful or for any legal reason deemed ineffective, then that part will be removed and the rest of the terms and Site will not be affected.
The terms and the other provisions of this Site are the full and complete agreement between la Madeleine and its Guests for the use of and with respect to ordering products from this Site. The terms cannot be modified without our express written consent, but may be changed by our updating these terms and posting them on this Site.
YOUR INFORMATION AND USE
You agree not to post on this Site or submit to us anything that is unlawful, obscene, offensive, defamatory, libelous, pornographic, profane or solicitous. Vendors, suppliers or those wishing to provide services to us should contact the appropriate representative at la Madeleine corporate offices and not use this Site to solicit business from us or our Guests.
Neither this Site nor our web address is to be linked with any other site, indexed in another site, included in any search engine, nor referenced without the express written authority of la Madeleine. If consent is granted, that does not mean that we endorse the company or its products or services and we will have no responsibility with respect to the contents of that site.
DISCLAIMERS AND LIMITATIONS
LA MADELEINE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY AS A RESULT OF YOUR USE OF THIS SITE, WHETHER THIS DAMAGE IS CAUSED BY ERRORS, DEFECTS, DOWNLOADING, UPLOADING, VIRUSES, LINKS, ELECTRONIC TRACKING, INTERCEPTION OF INFORMATION, HACKERS, DELAYS, OMISSIONS OR INTERRUPTIONS. IN NO EVENT WILL WE BE RESPONSIBLE TO YOU FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS SITE, THE INFORMATION PROVIDED IN THIS SITE, OUR NEGLIGENCE, VIOLATION OF ANY CONTRACT TERMS OR AGREEMENT, OR ANY TORTUOUS ACT OR OMISSION, UNLESS AN APPLICABLE LAW PROHIBITS THIS EXCLUSION. EVERYTHING IN THIS SITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of La Madeleine de Corps, Inc., d/b/a la Madeleine, its affiliates, and/or franchisees, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year (or any shorter period of time identified in any applicable statute of limitations) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
ACCURACY AND UPDATES
We try to make the information in this Site accurate, complete and up to date, however, our Site is not updated daily. Therefore, we do not guarantee it will always be accurate, complete and current.
We may identify job openings in our Site and provide a means to apply for those positions. We are an equal opportunity employer. However, there are no assurances that when you review the Site, the job is still available. We reserve the right to cease accepting applications or to change the description, duties or availability of any positions referenced in this Site.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms & Conditions.
If you have any questions concerning these terms or the use of our Site, please contact us at LA MADELEINE DE CORPS, INC., 12201 MERIT DRIVE, SUITE 900, DALLAS, TEXAS, 75251