PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
These Terms and Conditions of Use (“Terms and Conditions of Use“) apply to your access to, and use of, any La Madeleine de Corps, Inc. website, mobile application, and online service, network, or program where these Terms and Conditions of Use are posted or linked (“La Madeleine Digital Platforms“). These Terms and Conditions of Use are a legal and binding agreement between you and La Madeleine de Corps, Inc., and, as applicable, its subsidiaries, and affiliates, (La Madeleine de Corps, Inc and its affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”). These Terms and Conditions of Use govern your use of all programs, offers, content, information, services, and features made available through the La Madeleine Digital Platforms. If you do not agree to any provision of these Terms and Conditions of Use, then you should not use the La Madeleine Digital Platforms.
MODIFICATIONS TO THESE TERMS AND CONDITIONS OF USE
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the La Madeleine Digital Platforms, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and Conditions of Use. We will provide advance notice of such updates, changes, modifications or revisions that will allow you to opt out of using the La Madeleine Digital Platforms.
LINKS TO THIRD PARTY SITES
The La Madeleine Digital Platforms may contain links to other websites and mobile applications (“Linked Sites”). The Linked Sites are not under the control of La Madeleine de Corps, Inc. and La Madeleine de Corps, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. La Madeleine de Corps, Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. La Madeleine de Corps, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by La Madeleine de Corps, Inc. of the site or any association with its operators. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on any Linked Site.
As a condition of your use of the La Madeleine Digital Platforms , you warrant to La Madeleine de Corps, Inc. that you will not use the La Madeleine Digital Platforms for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or for any of the following prohibited uses:
- Posting any information which is false, inaccurate, or not your own;
- Engaging in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation;
- Impersonating a third party or otherwise misrepresenting your affiliation with a third party;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Using the La Madeleine Digital Platforms in any manner that could damage, disable, overburden or impair such platforms;
- Attempting to interfere in any way with the La Madeleine Digital Platforms or La Madeleine de Corps, Inc.’s networks or network security, or attempting to use our services to gain unauthorized access to any other computer system;
- Attempting to access any service or area of the La Madeleine Digital Platforms that you are not authorized to access;
- Using any robot, spider, crawler, scraper, interface, scripts, or other automated means to collect information or otherwise interact with the La Madeleine Digital Platforms;
Without the prior written permission of La Madeleine de Corps, Inc., you may not frame, or otherwise make it appear that a third-party site is presenting or endorsing, any portion of the La Madeleine Digital Platforms, or incorporate any intellectual property of the La Madeleine Digital Platformsinto another website or other service.
If for any reason, any law in any jurisdiction where you are located prohibits or restricts your use of the La Madeleine Digital Platforms, you agree to comply with those laws. We make no representations that the La Madeleine Digital Platforms comply with such laws.
ACCESS & ACCOUNTS
You need not register with La Madeleine de Corps, Inc. to simply visit, view and use many aspects of the La Madeleine Digital Platforms. However, La Madeleine de Corps, Inc. may from time to time require you to register for an account in order to access certain password-restricted areas of the La Madeleine Digital Platforms and to use certain services and materials offered on and through the La Madeleine Digital Platforms. La Madeleine de Corps, Inc. shall have the right to approve or reject any requested account, in La Madeleine de Corps, Inc.’s sole discretion. If your account is approved, you will be permitted to log in to the applicable La Madeleine Digital Platforms using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the La Madeleine Digital Platforms. You agree to take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password. 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.
The La Madeleine Digital Platforms are not intended for use by persons under the age of 13. La Madeleine de Corps, Inc. does not knowingly collect information from visitors under the age of 13, and in the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information.
COPYRIGHTS AND TRADEMARKS
Everything on the La Madeleine Digital Platforms is owned by La Madeleine de Corps, Inc. or we have the right to use it. This includes our name, trademarks, trade dress and copyrighted materials, including but not limited to videos, comments, information, brochures, data, text, software, photos, and graphics (collectively, the “Content”). You do not have the right to use, distribute, copy, republish or download any of the Content without written permission. If you do use the Content in any way not expressly permitted herein, you will be violating our intellectual 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 use or misuse of the Content.
The Content may not 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 the La Madeleine Digital Platforms and occasionally download a single copy of small amounts of the Content appearing thereon that is of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in such personal copy. 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 Content. You may not attempt to alter or modify the Content. 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 the La Madeleine Digital Platforms or any Content thereon. None of the Content (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.
Your use of the La Madeleine Digital Platforms does not create, and nothing contained in the La Madeleine Digital Platforms 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 de Corps, Inc., its franchisees, or any third party. The La Madeleine Digital Platforms are provided free of charge and, unless specifically otherwise identified, is for informational purposes only and 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.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the La Madeleine Digital Platforms and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make, shall accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge and reflect your own personal experience.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
You understand that we shall have the right, but not the obligation, to monitor the content of the La Madeleine Digital Platforms to determine compliance with these Terms and Conditions of Use. We shall have the right, in our sole discretion, to edit, move, delete, or refuse to post any material, posted in publicly visible portions of the La Madeleine Digital Platforms for any reason, including violation of these Terms and Conditions of Use. You understand that any Submissions posted in publicly visible portions of the La Madeleine Digital Platforms may be available to all visitors, and we cannot prevent such content from being used in a manner that violates these Terms and Conditions of Use, the law, or your personal privacy.
LA MADELEINE MOBILE APP
La Madeleine de Corps, Inc. uses a third party vendor partner (Linked Site) to run our loyalty program, related mobile app, and ordering platforms. For more information their Terms of Service, please click here.
When you visit the La Madeleine Digital Platforms or provide us with any Submissions, you are communicating with us electronically and you thereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the La Madeleine Digital Platforms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
We may make available to you the ability to order from our restaurant locations online 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 and Conditions of Use apply only to orders placed through La Madeleine Digital Platforms. 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 with 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 through La Madeleine Digital Platforms. You are responsible for payment of your order, in advance, by credit card (or other payment option made available through La Madeleine Digital Platforms) 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 La Madeleine Digital Platforms 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 the La Madeleine Digital Platforms. The La Madeleine Digital Platforms 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 La Madeleine Digital Platforms.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION ON THE LA MADELEINE DIGITAL PLATFORMS. Online orders are not binding on us. We may amend, adjust or cancel orders at any time in accordance with current pricing, availability of ordered items or other reasons. Delivery may be conditioned on a minimum order, and delivery charges may vary by location.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, by using the Sites, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the La Madeleine Digital Platforms or the breach, enforcement, interpretation, or validity of these Terms and Conditions of Use or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
- Us, at 12201 Merit Drive, Suite 900, Dallas, TX 75251, or
- You, at the address we have on file for you (if any).
IF ANY DISPUTE OR CLAIM CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions of Use, including any claim that all or any part of these Terms and Conditions of Use is void or voidable.
CHOICE OF LAW
These Terms and Conditions of Use have been made in and shall be construed in accordance with the laws of the State of Texas, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Texas and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any part of these Terms and Conditions of Use or any other policies or requirements set forth on the La Madeleine Digital Platforms are deemed unenforceable, unlawful or for any legal reason deemed ineffective, such unenforceable, unlawful, or ineffective portion shall not affect the enforceability of any other portion of these Terms and Conditions of Use or other applicable policies or requirements, which shall remain in full force and effect.
These Terms and Conditions of Use along with any other provisions found on the La Madeleine Digital Platforms represent the full and complete agreement between La Madeleine de Corps, Inc. and you with respect to your use of the La Madeleine Digital Platforms and any services offered thereon. The Terms and Conditions of Use cannot be modified without our express written consent.
DISCLAIMERS AND LIMITATIONS
LA MADELEINE DE CORPS, INC.WILL NOT BE LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY AS A RESULT OF YOUR USE, MISUSE, OR INABILITY TO USETHE LA MADELEINE DIGITAL PLATFORMS, WHETHER THIS DAMAGE IS CAUSED BY ERRORS, DEFECTS, DOWNLOADING, UPLOADING, VIRUSES, LINKS, ELECTRONIC TRACKING, INTERCEPTION OF INFORMATION, HACKERS, DELAYS, OMISSIONS OR INTERRUPTIONS, OR OTHER MEANS. IN NO EVENT WILL WE BE RESPONSIBLE TO YOU FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE LA MADELEINE DIGITAL PLATFORMS, THE INFORMATION PROVIDED THEREON, OUR NEGLIGENCE, VIOLATION OF ANY CONTRACT TERMS OR AGREEMENT, OR ANY TORTUOUS ACT OR OMISSION, UNLESS AN APPLICABLE LAW PROHIBITS THIS EXCLUSION.
ALL ASPECTS OF THE LA MADELEINE DIGITAL PLATFORMSARE 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 the La Madeleine Digital Platforms 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.
COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by La Madeleine de Corps, Inc. unless otherwise stated. All other third party trademarks used on the La Madeleine Digital Platforms are the property of their respective owners used under license by La Madeleine de Corps, Inc.. Any rights not expressly granted herein are reserved. All Content on the La Madeleine Digital Platforms is copyrighted by La Madeleine de Corps, Inc.. All Rights Reserved.
La Madeleine de Corps, Inc. respects the intellectual property rights of others, and we ask you to do the same. La Madeleine de Corps, Inc. may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the La Madeleine Digital Platforms for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the La Madeleine Digital Platforms , please provide La Madeleine de Corps, Inc. designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed from or access to which is to be disabled on the La Madeleine Digital Platforms, and information reasonably sufficient to permit La Madeleine de Corps, Inc. to locate the material.
- Information reasonably sufficient to permit La Madeleine de Corps, Inc. to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act as the owner or on behalf of the owner of an exclusive right that is allegedly infringed.
ACCURACY AND UPDATES
We try to make the information on the La Madeleine Digital Platforms accurate, complete and up to date, however, the La Madeleine Digital Platforms are not updated daily. Therefore, we do not guarantee they will always be accurate, complete and current.
La Madeleine de Corps, Inc. and its employees do not typically accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. La Madeleine de Corps, Inc. is an equal opportunity employer committed to a diverse workforce. La Madeleine de Corps, Inc. franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
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
LAST UPDATED: 3/25/19