LA BOITE TERMS OF USE
Last Updated: May 27, 2021
This Terms of Use (“Terms”) is an agreement between you and Ma'amoul Shop LLC d/b/a La Boite (“La Boite”, "us", "our" or "we") and sets forth the legally binding terms for your use of our website http://www.laboiteny.com (and any of its sub-domains) or any other website which include a link to these Terms (the "Site"), as well as in connection with any of our sales or marketing activities or other services available on our Site (“Services”).
These Terms apply to your use of the Site and Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Site or Services.
In some instances, both these Terms and separate guidelines or rules setting forth additional or different terms and/or conditions will apply to your use of our Services (“Additional Terms"). By way of example, your use of our Services is subject to the terms and conditions or official rules for the promotions found on our Site, and those Additional Terms are incorporated into these Terms by this reference.
Our Privacy and Security Policy found at https://www.laboiteny.com/blogs/customer-center/privacy-security-policy is incorporated into and subject to these Terms by reference. Please review that Privacy Policy for information about how we collect, use, and share information, including the data rights available to you.
Agreement to the Terms. Each time that you access or use our Site or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms you must discontinue using the Site and Services.
Eligibility. You must be at least 18 years old to use the Site and Services and have the legal capacity to be legally bound by these Terms and the authority to bind any business which places orders with us.
Electronic Form/Communications. By accessing or using the Site or Services you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Access to the Site and Services. You do not need to register in order to access and browse some sections of the Site or Services, but you may not be able to access all our Services unless you provide contact information. If you are browsing the Site or Services and have not yet made a purchase or created an account with us your use of the Site or Services will still be subject to these Terms.
Account. You must provide accurate, current and complete information and any falsification of any information whatsoever may, at La Boite's option, result in immediate suspension or termination of your right to use the Services or disqualification in any promotion.
Security. If you use our Services you are responsible for ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services.
Billing Information. When you provide payment information (“Billing Information”) to La Boite or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize La Boite to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If La Boite does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. La Boite reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event La Boite cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify La Boite if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
Orders. Any prices displayed on the Sites are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. Products on the Site or participation in our classes are available only while supplies or availability lasts. We try to display the image of products available on our Sites, including colors, as accurately as possible but they may vary and the actual colors you see may depend upon your device display.
No Binding Offer. Nothing on the Sites or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event products or services listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).
Rules of Conduct. In connection with your use of the Site and Services, you will not (i) use the Site and Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site, Content (as hereinafter defined), or Services; (iii) upload or input to the Site or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or Services, any computer software or hardware or telecommunications equipment; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Site or Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site or Services, monitor traffic on the Site or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site or Services; (viii) use the Site or Services in any manner that in La Boite’s sole judgment, adversely affects the performance or function of the Site or Services or interferes with the ability of other users to access or utilize the Site or Services or undertake any acts not expressly permitted under the Terms; (ix) develop a product or service which is competitive with any of La Boite’s products or services; (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content; (xi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Site or Services, to any third party for any reason; (xii) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xiii) use software or any other means to harvest information from the Site or Services; (xiv) harass others or disclose personal information about others that could amount to harassment; (xv) impersonate others or create false accounts; (xvi) Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (xvii) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence; or (xviii) undertake to use the Site or Services in violation of any Applicable Law or generally accepted practices or guidelines (“Accepted Practices”) or take any action which would cause us to be in violation of any Applicable Law or Acceptable Practices.
Monitoring. La Boite reserves the right to monitor all network traffic to the Site or Services and anyone using the Site or Services expressly acknowledges that such monitoring may occur. La Boite may block unauthorized attempts or intrusions to upload or change information or cause damage to the Site or Services in any fashion.
Posting of User Content. The Services may provide access to communication services hosted by Disqus (“Public Forums”) designed to enable you to post and communicate content, such as making comments about recipes on our Site (collectively, “User Content”) visible to our editorial staff or visitors to our Site. These Public Forums which are hosted by Disqus and are subject to Disqus’ privacy policy and terms of service (“Discus Terms”). You agree that all such User Content you submit, post, upload, embed, display or communicate through the Public Forums will also comply with these Terms, including the Rules of Conduct set forth herein and Disqus Terms. You acknowledge and agree that when you post User Content it is available to the public and that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others. La Boite specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such Public Forums. LA BOITE IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST THROUGH THE SERVICES.
License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content, you automatically grant (and you represent and warrant that you have the right to grant) to La Boite, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services (“License”).
Objectionable Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to info@laboiteny.com
Feedback/Idea Submissions. La Boite does not accept unauthorized idea submissions. Any ideas disclosed to La Boite are not confidential and La Boite may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide La Boite with any Feedback, you hereby grant La Boite a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that La Boite is not required to make any use of any Feedback that you provide. You agree that if La Boite makes use of your Feedback, La Boite is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to La Boite to grant La Boite and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
Termination. La Boite may terminate your access to its Site or Services immediately or disqualify you from any of our promotions at any time without notice, if, in La Boite’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of La Boite’s rights or remedies at law or in equity.
Data Collection Policy. No party unaffiliated with La Boite may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Site or Services without our prior express written permission.
Modification to Services. La Boite has the right to modify its Services (and products and services accessible through its Services), and its Site at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that La Boite has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Site or Services. Your only right with respect to any dissatisfaction with any modifications made to its Site or Services, or any policies or practices of La Boite in providing its Services is to stop using the Site or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm La Boite and La Boite is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
Ownership of Content and Marks. The Site and Services, and all content published on or accessible through the Site and Services (‘Content”), is owned by La Boite, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. La Boite owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Site, (“Marks”), are proprietary to La Boite or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Site or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing La Boite, its affiliates’, or its licensors’ name or Marks without the prior express written consent of La Boite. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Site, Services, Marks or Content, in whole or in part, without the prior written consent or La Boite.
Our Limited License to You. You acknowledge and agree that the Site, Services and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Site, Services or Content under these Terms, or any other rights thereto other than to use the Site, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. La Boite grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Site or Services in any way that affects any user's experience. La Boite and its licensors reserve all rights not expressly granted in and to its respective Site, Services, Marks and Content. You may not use the Site, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact.
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE OR SERVICES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITE OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITE OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, LA BOITE CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE OR SERVICES. LA BOITE MAY RESTRICT THE AVAILABILITY OF THE SITE OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITE OR SERVICES.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and access to Content remains with you. Neither La Boite nor any other party involved in creating, producing, or delivering the Site or Services, or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not La Boite has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will La Boite’s aggregate liability arising out of or in connection with these Terms and your use of the Site or Services, exceed the amounts you have paid to La Boite in the twelve-month period prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between La Boite and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless La Boite and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by your failure to comply with these Terms.
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A general release does not extend to claims which the creditor or releasor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor.”
La Boite will provide the Site and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Site or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Site or Services.
La Boite will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms, we may choose to notify you by prominently posting a notice of a new Terms of Use update on the Site for a period of time in our discretion, but we encourage you to review these Terms and make note of the “Last Updated” date frequently. Your continued use of the Site and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site and Services.
You may be able to access other websites, mobile applications or resources through links accessed on the Site or Services. Because La Boite has no control over such websites or mobile applications you acknowledge and agree La Boite is not responsible for the availability of such external websites, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does La Boite endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and La Boite (‘Dispute”) shall lie in the state or federal courts located in New York County, New York. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Unless otherwise prohibited by law, any cause of action you may have with respect to La Boite, the Services, products and services you have purchased, the Content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
These Terms, and policies incorporated herein, are the entire agreement between you and La Boite. They supersede any and all prior or contemporaneous agreements between you and La Boite relating to your use of the Site or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Your Legal Liability, Governing Law/Disputes, No Rights of Third Parties, and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable. You may not assign your rights under these Terms to any third party without La Boite’s prior written permission. La Boite may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of La Boite to partially or fully exercise any rights or the waiver of La Boite to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by La Boite or be deemed a waiver by La Boite of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of La Boite under these Terms and any other applicable agreement between you and La Boite shall be cumulative, and the exercise of any such right or remedy shall not limit La Boite’s right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these Terms any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Please email us at info@laboiteny.com, or write to us at La Boite, 724 11th Avenue, New York, N.Y. 10019 if you have any questions about these Terms.
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.
