Terms of Service

Terms and Conditions

Thank you for visiting Creole Cuisine Restaurant Concepts (“Company,” “we,” “us,” or “our”) terms of use agreement (the “Terms”).  These Terms govern your use of this website and any branded websites that link to these terms (each, a “Website”), the services and resources enabled therein (each a “Service” and collectively, the “Services”), and any branded application that includes links to these Terms (the “Application” together with the Website and Services, the “Properties“). 

These Terms set forth the terms and conditions between you (“Customer,” “you”, or “your”) and Company, and these Terms constitute a legally binding agreement between you and Company.  By accessing the Properties, you, your heirs, assigns, and successors hereby represent and warrant that: (1) you have read, understand, and agree to be bound by these Terms; (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with Company; and (3) you have the authority to enter into the Terms personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Terms.

PLEASE READ AND REVIEW THESE TERMS CAREFULLY.  BY ACCESSING OR USING THE PROPERTIES, YOU REPRESENT, PROMISE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND AND OBLIGATED BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY ACCESS OR USE THE WEBSITE, SERVICES, APPLICATION AND/OR PROPERTIES.

THESE TERMS OBLIGATE AND BIND YOU TO AN ARBITRATION AGREEMENT, A WAIVER OF JURY TRIAL AND CLASS ACTION WAIVER.  PLEASE SEE SECTION 11 OF THESE TERMS.

1. Modifications

Company reserves the right to modify these Terms or any policies related to the Properties at any time, effective upon posting of an updated version of these Terms through the Properties. You should regularly review these Terms, as your continued use of the Properties after any such changes constitutes your agreement to such changes.

2. Additional Terms and Policies

By using the Properties, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Company’s Privacy Policy, which is incorporated in these Terms by reference. Certain features of the Properties may be subject to additional terms and conditions, which are incorporated herein by reference.

3. Rules and Prohibitions

Without limiting other rules and prohibitions of the Terms, by using the Properties, you agree that: (a) you will only use the Properties for lawful purposes; (b) you will not engage in conduct that harms Company, our employees, or our users; (c) you will only use the Properties in accordance with all applicable laws; (d) you will not use another user’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Properties; (e) you will not use the Properties to cause nuisance, annoyance or inconvenience; (f) you will not copy or distribute any content displayed through the Properties, including our menu content, for republication in any format or media; (g) you will not deep-link to the Company site or access our site manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our site or any content on our site; (h) use any device, software or routine that interferes with the proper working of the Properties; (i) introduce any viruses, trojan horses, worms, logic bombs, malware or other material which is malicious or technologically harmful to Company, its service providers, or other customers; (j) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Properties, the servers on which the Properties are stored, or any server, computer or database connected to the Properties; (k) attack the Properties via a denial-of-service attack or a distributed denial-of-service attack; (l) take any other action that may unreasonably encumber the Properties’ infrastructure, bypasses measures that are used to prevent or restrict access to the Properties, or circumvents, disables or otherwise interferes with security features of the Properties; (m) use or access the Properties in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; (n) use or access the Properties in any manner that circumvents your obligation to pay Company for use of the Properties; (o)  take any action that may undermine the efficacy or accuracy of reviews or ratings systems; and (h) you will not do anything in furtherance of, indirectly undertake, conspire to do or orchestrate any of the foregoing.

4. Online Ordering

To purchase food products, merchandise, or other items through the Properties, you must provide valid payment card and billing information. Such information will be collected by Company, Olo, Inc. (“Olo”), and/or their payment providers. When you purchase items through the Properties, prices will be displayed during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes or listed fees. You also agree to have your payment card billed for the total amount displayed at checkout.  You acknowledge and agree that a command originating from your account constitutes an authorization for the charge of the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account.

Company takes steps to maintain accuracy of the information contained on the Properties. However, errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Company makes no representations about the reliability of the features of the Properties, or the content on the Properties, including the availability of menu items or other products. You acknowledge that any reliance on such material and/or systems will be at your own risk.

5. Third-Party Links

The Properties may contain links to third-party websites, offers, or other events/activities not owned or controlled by Company. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

6. Intellectual Property Ownership & Proprietary Rights

You agree that Company and/or its affiliates, licensors and/or licensees own all rights, title and interest in the Properties, including all trademarks, brand names, and logos contained therein. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Properties are the property of Company and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.

7. Indemnification

You agree to indemnify and hold harmless Company and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) any information you (or anyone accessing the services using your password) submit or transmit through the Properties; (b) your misuse of the Properties; (c) your breach of these Terms or any representation, warranty or covenant in these Terms; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Properties. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Properties.

8. Disclaimer of Warranties and Allocations of Risk

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE PROPERTIES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE PROPERTIES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE PROPERTIES.

COMPANY DOES NOT WARRANT THAT THE PROPERTIES WILL OPERATE ERROR-FREE OR THAT THE STOREFRONT SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE STOREFRONT SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

9. Limitation of Liability

TO THE FULLEST EXTENT OF LAW COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE).

UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PROPERTIES OR PRODUCTS, EXCEED TO ONE HUNDRED DOLLARS ($100). Some jurisdictions do 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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

10. Termination

If you violate these Terms, Company may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. In addition, at its sole discretion, Company may discontinue the Properties, or may modify, suspend or terminate your access to the Properties, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Properties, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Properties is terminated, these Terms will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of these Terms.

11. Arbitration Agreement; Class Waiver; Waiver of Jury Trial

Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to: Creole Cuisine Restaurant Concepts, 747 Magazine Street, New Orleans, Louisiana 70130. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The arbitration shall be conducted pursuant to the Commercial Rules of the American Arbitration Association as modified below for discovery and as also modified by not including Rule R-38 (Emergency Measures of Protection) (collectively, the “Modified Commercial Rules”) and, to the extent not inconsistent therewith, the Federal Arbitration Act (9 USC §§ 1 et seq.); provided, that the arbitrators shall have no less than the powers granted to arbitrators under the Federal Arbitration Act except as such powers are expressly limited by this Section 11. The arbitration shall be held in New Orleans, Louisiana.  Judgment by the arbitration panel may be entered by any court having jurisdiction thereof.  Notwithstanding any rules or other provisions of AAA Consumer Arbitration Rules, the arbitration shall be conducted with no discovery (to be clear, no interrogatories, no request for production of documents, no inspections, no depositions, no requests for admissions and no other forms of discovery).  The parties to the arbitration shall name their witnesses and exchange exhibits (including, if allowed by the arbitrators, expert reports) in advance of the hearing per the schedule established by the arbitrators.  Only the Modified Commercial Rules, and not the federal or state law of any jurisdiction in which the arbitration is pending (and also not the federal or state law of any other state or jurisdiction), shall govern discovery matters.  The arbitrators’ award shall be final, binding and nonappealable. The arbitrators’ award shall be a “simple” award (which may, but need not, contain orders to perform, do or not do anything) and so shall not have any written reasons or findings of fact.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

4. Time Limits. If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

5. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.

6. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

8. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

9. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

10. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.

11. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

12. Small Claims Court. Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court.

13. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
14. Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.

15. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Orleans, Louisiana, for such purpose.

12. General

1. Severability. Except as otherwise provided in these Terms, if any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

• Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. You and Company agree that no partnership is formed and neither you nor Company has the power or the authority to obligate or bind the other.

• Waiver. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

• Choice of Law. These Terms are governed by U.S. federal law and/or laws of the state of Louisiana, consistent with the Federal Arbitration Act, without resort to conflict of law provisions.

• Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

• Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

• Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Properties, please contact us at: Creole Cuisine Restaurant Concepts, 747 Magazine Street, New Orleans, Louisiana 70130 or 504-889-2301. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.