Terms of Use

Last updated: September 14, 2018

These Terms of Use (“Terms”) are entered into by and between you and Le Pain Quotidien (“LPQ,” “we,” or “us”), and govern your access to, and use of, all or part of the website (https://www.lepainquotidien.com) (the “Site”), and any other authorized websites, mobile applications, or other online services or programs where these Terms appear (the Site and all of the foregoing, collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY USING OR ACCESSING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, LPQ IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SERVICES AND YOU MUST NOT ACCESS OR USE THE SERVICES.

The Services are intended for users who are 16 years of age or older. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

We may change or modify these Terms from time to time, in our sole discretion, and will post the updated Terms with a “Last Updated” effective date. Any changes or modifications will be effective immediately upon posting them, and will apply to all access to and use of the Services thereafter. Your continued access to and use of the Services following the posting of revised Terms means that you accept and agree to the updated Terms. As a result, we encourage you to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree to the changed or modified Terms, do not use the Services.

USE OF THE SERVICES

Your access to and use of the Services and all content contained on or accessed from the Services, including text, graphics, images, photographs, videos, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other information (collectively, the “Content”), are expressly conditioned upon your compliance with these Terms.

You may not access or use the Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Services; (d) infringes upon the rights of any third party; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of items or services without the prior written consent of LPQ; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Services.

Additionally, you agree not to: (a) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (b) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (c) interfere in any manner with the operation or hosting of the Services or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services; (d) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Services; or (e) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services.

We may discontinue, or change from time to time, any Service including any Service Term, in our sole discretion without notice. We also may discontinue or change specifications on products described and/or displayed through the Services, in our sole discretion without notice.

USERS AND ACCOUNTS

In order to participate in certain areas of our Services, you will need to register for an account. When you set up an account, you may be required to choose a user name and password. You may be able to access your account through third party authorization methods (for example, a social media account). In creating an account, you agree to the following: (a) create only one account; (b) provide accurate, truthful, current and complete information; (c) keep your information updated and accurate; (d) protect your password and access to your account; (e) notify us if you discover or otherwise suspect that the security of your account has been compromised or breached; and (f) take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account. Your account, username, and password are for your personal use only. You are solely responsible for maintaining the confidentiality of, and are responsible for all activities that occur under, your account, username and password, and any other information that may be used to access your account. You are solely responsible for all use of the Services in connection with your account, including compliance with these Terms, and will be fully liable for all costs, fees, liabilities or damages incurred through the use of your account and any transactions completed through your account.

ONLINE ORDERING

We may make available to you the ability to order online from our participating LPQ locations. These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third party services to process payments. The LPQ location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. 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 through the Services. The Services may allow you to customize your order. Refunds, if any, of amounts paid for cancelled catering orders will be identified at the time of cancellation. Please contact the LPQ location responsible for fulfilling your order directly to identify amounts due.

TERMINATION

We may revoke your access to and use of the Services at any time, with or without cause. We reserve the right to cease providing or to change the Services at any time and without notice. We also reserve the right to seek all other remedies available at law and in equity.

THIRD PARTY LINKS

The Services may contain links to other websites and resources provided by third parties (collectively, “Third Party Websites”). These links are provided for your convenience only. We are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LPQ of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to us through the Services (each, a “Submission”), including without limitation all intellectual property rights and other rights in and to a Submission, will be considered non-confidential and non-proprietary. By providing any Submission, you grant LPQ and our affiliates and service providers, and each of their respective licensees, successors, and assigns a royalty free, non-exclusive right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any Submission you submit or contribute, and you, not LPQ, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submission posted by you or any other user of the Services.

PRIVACY

For more information about how we collect, use and share information, please see our Privacy Policy.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT PROVIDED ON OR THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LPQ NOR ANY PERSON ASSOCIATED WITH LPQ MAKES ANY WARRANTY OR REPRESENTATION THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. LPQ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LPQ 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.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LPQ, ITS AFFILIATES, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND/OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE CONTENT ON ANY OF THE SERVICES, INCLUDING 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 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 LPQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LPQ’S TOTAL LIABILITY, WHETHER IN CONTRACT, TORT, (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY of LIABILITY , ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, LPQ’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless LPQ, its affiliates, service providers, and their respective officers, directors, employees, shareholders, members and/or agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your Submissions; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. At LPQ’s sole discretion, you may be required to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

INTELLECTUAL PROPERTY RIGHTS

The Services and its Content are owned by LPQ, its subsidiaries, affiliates and/or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows: You may print or download Content from the Services for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. This is the grant of a limited, non-sublicensable license, not a transfer of title, and under this license you may not use the Services or any Content for any commercial purpose or for any public display (commercial or non-commercial).

Except as otherwise expressly permitted by these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly perform, transmit, or otherwise use the Content and/or Services. You may not use the Content or Services on or in connection with any other website, for any purpose. In all copies of this information, you must include this notice and any other copyright notices originally included with such information.

The LPQ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LPQ or its affiliates or licensors. You must not use such marks without the prior written permission of LPQ.

COPYRIGHT INFRINGEMENT

If you believe in good faith that any material available on or via the Services infringes a copyright you own or control, you may notify us by emailing Customer Service on our Contact page.

Please refer to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.

MISCELLANEOUS

These Terms and any other documents or policies incorporated herein by reference, constitute the sole and entire agreement between you and LPQ regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. No waiver by LPQ of any term or condition set out in these Terms 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 LPQ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

FOR MORE INFORMATION

All comments, questions, requests for technical support, and other communications relating to these Terms should be directed to Customer Service by visiting our Contact page.