Terms of Service

1. Introduction and Acceptance

Welcome to Lou Malnati's website and services. These Terms of Service ("Terms", "Agreement") govern your use of our website located at lou-malnatis.world (the "Service") operated by Lou Malnati's ("us", "we", or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These terms apply to all visitors, users, and others who access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of this Agreement, the following terms have the meanings set forth below:

• "Company" (referred to as "we", "us", or "our") refers to Lou Malnati's, located at 800 Tchoupitoulas St, New Orleans, LA 70130, USA.
• "You" or "User" refers to the individual accessing or using the Service.
• "Service" refers to the website, mobile applications, and all related services provided by Lou Malnati's.
• "Content" refers to text, graphics, images, music, software, audio, video, information, or other materials.
• "Website" refers to lou-malnatis.world and all associated pages and services.
• "Products" refers to food items, beverages, and related merchandise offered by Lou Malnati's.
• "Order" refers to a request for Products submitted through our Service.
• "Account" refers to the user account created when you register with our Service.

3. Use of Services

3.1 Permitted Use

You may use our Service for personal, non-commercial purposes only. Specifically, you may:

• Browse our menu and product offerings
• Place orders for food and beverages
• Create and maintain a user account
• Access nutritional information and allergen details
• Subscribe to promotional communications
• Provide feedback and reviews about our products and services

3.2 Prohibited Use

You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our systems. Prohibited activities include:

• Violating any applicable laws or regulations
• Transmitting malicious code, viruses, or harmful software
• Attempting to gain unauthorized access to our systems or accounts
• Infringing on intellectual property rights
• Sending spam or unsolicited communications
• Providing false, misleading, or fraudulent information
• Interfering with the proper functioning of the Service
• Collecting or harvesting information about other users
• Using automated systems (bots, scrapers) without permission
• Attempting to circumvent security measures
• Impersonating others or misrepresenting your identity

4. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and all activities that occur under your account.

Account Requirements:

• You may only create one account per person
• You must provide a valid email address and phone number
• You must keep your account information updated
• You are responsible for maintaining the security of your account
• You must notify us immediately of any unauthorized use

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to use the Service will cease immediately.

5. Products and Services

Food Safety and Quality Standards

Lou Malnati's is committed to maintaining the highest food safety and hygiene standards in compliance with all applicable health regulations. We follow strict protocols for food preparation, storage, and handling to ensure the safety and quality of our products.

Ordering and Pricing

• Product Descriptions: We strive to provide accurate descriptions and images of our products, but actual items may vary slightly
• Pricing: All prices are subject to change without notice and include applicable taxes
• Availability: Products are subject to availability and may not be available at all times
• Order Acceptance: We reserve the right to refuse or cancel any order at our discretion
• Minimum Orders: Delivery orders may be subject to minimum order requirements

Delivery Terms

• Delivery Zones: We deliver within specified geographic areas only
• Delivery Times: Estimated delivery times are approximate and may vary based on demand and weather conditions
• Temperature-Sensitive Items: Hot foods will be delivered as hot as possible, cold items will be kept chilled during transport
• Delivery Fees: Delivery charges may apply and will be clearly displayed before order confirmation
• Access Requirements: You must provide accurate delivery instructions and be available to receive your order

Order Modifications and Cancellations

Order modifications or cancellations must be requested as soon as possible after placing your order. Once food preparation has begun, we may not be able to accommodate changes or cancellations. For detailed information about our refund policy, please see our Refund Policy.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Lou Malnati's and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

Our Rights

• All content on the website, including text, graphics, logos, images, and software
• The Lou Malnati's name, logo, and all related trademarks
• Recipe formulations and preparation methods
• Website design, layout, and functionality
• Proprietary software and applications

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. This license does not permit you to resell, distribute, or commercially exploit any content or services.

Copyright Infringement

If you believe that any content on our Service infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

Our Service may allow you to post, submit, publish, or transmit content such as reviews, comments, photos, or other materials ("User Content"). You retain ownership of your User Content, but you grant us certain rights as described below.

License Grant

By submitting User Content, you grant Lou Malnati's a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

Content Responsibility

You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that:

• You own or have necessary rights to your User Content
• Your content does not infringe on third-party rights
• Your content is accurate and not misleading
• Your content does not violate any laws or these Terms

Prohibited Content

User Content must not contain:

• Illegal, harmful, or offensive material
• False or misleading information
• Spam or commercial solicitations
• Personal information of others
• Copyrighted material without permission
• Hate speech or discriminatory content

We reserve the right to remove any User Content that violates these Terms or for any other reason at our sole discretion. We do not endorse any User Content and are not responsible for its accuracy or reliability.

8. Disclaimers

Your use of our Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any representations or warranties of any kind.

Service Availability

We do not warrant that:

• The Service will be uninterrupted or error-free
• All information will be accurate or up-to-date
• The Service will meet your specific requirements
• Any defects will be corrected promptly
• The Service will be free from viruses or harmful components

Third-Party Content

Our Service may contain links to third-party websites or services that are not owned or controlled by Lou Malnati's. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Professional Advice Disclaimer

The information provided through our Service is for general informational purposes only and should not be considered professional nutritional, medical, or dietary advice. Always consult with qualified professionals regarding specific dietary needs or health concerns.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Lou Malnati's shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

Maximum Liability

In no event shall our total liability to you for all damages exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the liability, or $100, whichever is greater.

Excluded Damages

We shall not be liable for:

• Business interruption or loss of revenue
• Loss of data or information
• Costs of substitute products or services
• Personal injury (except as required by law)
• Damages arising from third-party services

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Lou Malnati's, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Content you submit
• Your negligent or wrongful conduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

11. Third-Party Links and Services

Our Service may contain links to third-party websites, applications, or services, including payment processors, delivery partners, and social media platforms. These links are provided for your convenience only.

We do not endorse or assume responsibility for:

• The content of third-party websites
• Privacy practices of external services
• Terms and conditions of linked sites
• Security of third-party platforms
• Accuracy of external information

Your interactions with third parties are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party services before using them.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Company Right to Terminate

We reserve the right to terminate your access for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Abusive behavior toward staff or other customers
• Repeated order cancellations or payment issues
• Any other reason at our sole discretion

User Right to Terminate

You may terminate your account at any time by contacting us at [email protected] or through your account settings.

Effect of Termination

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and associated data
• Outstanding orders and payments remain valid
• Applicable provisions of these Terms will survive termination

13. Governing Law and Disputes

These Terms shall be governed and construed in accordance with the laws of Louisiana, United States, without regard to its conflict of law provisions.

Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New Orleans, Louisiana, and you hereby consent to personal jurisdiction and venue therein.

Dispute Resolution

We encourage you to contact us directly at [email protected] to resolve any disputes. Most concerns can be resolved quickly and amicably through direct communication.

For formal disputes, we prefer to resolve matters through binding arbitration rather than in courts of general jurisdiction. Both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

Notification Process

We will notify you of changes by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Sending email notifications for significant changes
• Displaying notices on our Service

Your continued use of the Service after the effective date of any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

It is your responsibility to review these Terms periodically for changes. We recommend checking this page regularly to stay informed of any updates.

15. General Provisions

Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Lou Malnati's concerning the Service.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely matches the intent of the original provision.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any right or provision will only be effective if in writing and signed by an authorized representative of Lou Malnati's.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without your consent to any affiliate or in connection with any merger, acquisition, or sale of assets.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.