Term & Conditions
Welcome to LaRuche Fine European Foods, Inc.(“We, Us, or Our “) owns and operates the www.laruchefineeuropeanfoods.com and www.laruchefineeuropeanfoods.net websites. LaRuche Fine European Foods, Inc. provides this Website and our products and services to you subject to the following conditions.
Please review our Return Policy, which also governs your purchase of products through this Website for more information on the terms and conditions of sale for our LARUCHE FINE EUROPEAN FOODS, INC. and other products.
FRANCHISEES ARE INDEPENDENT CONTRACTORS
The LARUCHE FINE EUROPEAN FOODS, INC. franchisees are not our agents or employees. They do not have any right to speak for us or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of the LARUCHE FINE EUROPEAN FOODS, INC. franchisees, including, without limitation, in connection with their provision of products or services to you or fulfillment of orders placed by you through this Website, or in a LARUCHE FINE EUROPEAN FOODS, INC. store.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of LaRuche Fine European Foods, Inc. or its licensors or content suppliers and protected by copyright, trademark and other laws in the United States and other jurisdictions.
LaRuche Fine European Foods, Inc. logos, signage, trademarks and service names are the property of LaRuche Fine European Foods, Inc., its Franchisees, affiliates, or subsidiaries and the LaRuche logo are registered trademarks of LaRuche Fine European Foods, Inc. The laruchefineeuropeanfoods.com domain name is the property of LaRuche Fine European Foods, Inc., Laruche Fine European Foods, Inc. trademarks and trade dress may not be used in connection with any product or service that is not offered for sale or otherwise provided by LaRuche Fine European Foods, Inc. , its Franchisees, affiliates or subsidiaries; or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames LaRuche Fine European Foods, Inc. or this Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by LaRuche Fine European Foods, Inc., its affiliates or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LaRuche Fine European Foods, Inc.
LICENSE, LIMITATIONS ON USE AND SITE ACCESS
LaRuche Fine European Foods, Inc. grants you a limited license to access this Website, and to download or print a copy of the materials on this Website for your personal use only provided that you:
- (a) keep intact all copyright and other proprietary notices;
- (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Laruche Fine European Foods Inc.
- (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Edible Arrangements); and
- (d) make no modifications to the material.
Except as expressly provided in this paragraph or as provided in the Section below entitled ” Further Limitations on Use – Franchisee Areas “, you may not download (other than page caching), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website or any website owned, operated, licensed or controlled by LaRuch Fine European Foods, Inc. or its licensors, except with express written consent of LaRuche Fine Euroepan Foods, Inc. The limited use license granted herein does not include any right for resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
We may grant you, at our sole discretion,a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website provided that:
- (e) you do not use the LaRuche Fine European Foods, Inc. logo or other proprietary graphic or trademark as part of the link without our express written permission;
- (f) the link does not portray Laruche Fine European Foods Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter;
- (g) you do not use the link in a manner that would compete with or damage the goodwill associated with LaRuche Fine European Foods, Inc.; and
- (h) you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Laruche Fine European Foods Inc.)
To request our permission to create a hyperlink to the home page of this Website, please contact us at:
LaRuche Fine European Foods, Inc.
9314 Summerbell Lane, Houston, Texas 77074
In addition, you agree not to:
- (r) Use or access the Website for any purpose that is unlawful or prohibited by these Terms;
- (s) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LaRuche Fine European Foods, Inc., or our subsidiaries or our affiliates without express written consent;
- (t) Use any meta tags or any other “hidden text” utilizing LaRuche Fine European Foods, Inc. trade names, trademarks, service marks or logos without the express written consent of Laruche Fine European Foods, Inc. ;
- (u) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of LaRuche Fine European Foods, Inc. without the express written consent of Laruche Fine European Foods Inc.;
- (v) Use or access the Website in a manner that could damage, disable, overburden, or impair any LaRuche Fine European Foods, Inc. server or the networks connected to any LaRuche Fine European Foods, Inc. server;
- (w) Interfere with any third party’s use and enjoyment of the Website;
- (x) Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any LaRuche Fine European Foods, Inc. server through hacking, password mining, or any other means;
- (y) Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or
- (z) Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized by the owner of the software.
OPEN AREAS AND FRANCHISEE AREAS
Most areas of the Websites may be accessible without password access control (“Open Areas”). However, some areas of the Website are strictly reserved for Franchisee use and access only (“Franchisee Areas”).
YOUR ACCOUNT – USER AND CORPORATE ACCOUNTS
You may create an account for your personal use (” User Account “) or for your organization’s use (” Corporate Account “). Creating a User Account or Corporate Account (collectively, the “Accounts”) entitles you receive some great benefits, including to receive notice of special offers, to maintain an address book for recipients of LaRuche Fine European Foods, Inc., to set reminders for birthdays or special occasions, or to view your order history.
To obtain an Account, you will be required to submit an online or other registration form, which may ask for, without limitation, your name, address, email address, age and gender. You will also be required to choose a username and password or access code (collectively, the ” Password “).
You agree to:
- (a) provide current, complete, true and accurate information;
- (b) maintain and update your information as required to keep it current, complete and accurate; and/or
LaRuche Fine European Foods, Inc. shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Website(s) at any time for any reason. LaRuche Fine European Foods, Inc. reserves the right to require you to periodically change your Password.
If you create an Account, you agree:
- (v) That you are and shall be responsible for maintaining the confidentiality and security of your Account and Password, and for restricting access to your computer and your Password;
- (w) Not to transfer, lease, assign, or sublicense any Password without LaRuche Fine European Foods, Inc’ prior written consent;
- (x) Not to circumvent the password restrictions on the Website, nor allow others to do so on your behalf;
- (y) Not to use anyone else’s Password; and
- (z) To notify LaRuche Fine European Foods, Inc .immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Account or Password. You further agree that LaRuche Fine European Foods, Inc. shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Account or Password by you or anyone other than LaRuche Fine European Foods, Inc
FURTHER LIMITATIONS ON USE – FRANCHISEE AREAS
The materials contained in the Franchisee Areas include items that are proprietary and include trade secrets of LaRuche Fine European Foods, Inc. that are not authorized for general distribution and that have substantial value due to their contents and secrecy (the ” Franchisee Area Materials “). In addition to the restrictions set out in other provisions of these Terms and the LaRuche Fine European Foods, Inc. Franchise Agreement, you agree to:
- (a) Maintain the security and confidentiality of the Franchisee Area Materials using at least the same standards you use to maintain the confidentiality of your own proprietary information and trade secrets, but in no case less than reasonable standards;
- (b) Notify LaRuche Fine European Foods, Inc. immediately upon discovery or suspicion of compromise of the confidentiality of any Franchisee Area Materials or any use of the Franchisee Areas Materials in violation of this Agreement; and
- (c) Not disclose the Franchisee Area Materials or any information contained therein to any third parties, including without limitation, any employees or other agents, except as specifically authorized by Laruche Fine European Foods Inc. in writing.
Subject to all the restrictions set out in this Agreement, including in the Section above entitled ” License, Limitations on Use and Site Access,” you may download a single copy of the Franchisee Area Materials on this Website provided that:
- (w) you keep intact all copyright and other proprietary notices;
- (x) you do not use the Franchisee Area Materials in a manner that would compete with or damage the goodwill associated with LaRuche Fine European Foods, Inc.
- (y) you make no modifications to the Franchisee Area Materials, and
(z) strictly control and limit dissemination and use of the Franchisee Area Materials, in accordance with any restrictions set out on the Franchisee Area Materials themselves and/or in any and all Additional Terms.
If you believe that any third party has violated this Agreement or infringed any of LaRuche Fine European Foods, Inc. rights in this Website or the materials contained on this Website, including the Franchisee Area Materials, please contact us at: firstname.lastname@example.org
USE OF WEBSITE
If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing this Website, you may use the Website only with consent of a parent or guardian.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through a Website (collectively, the ” Submission “). You agree not to post e-mails or submit to or publish through the Websites or otherwise make available on the Websites any content (including any Submission), or act in a way, which in our opinion:
- (a) is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive or otherwise injurious to third parties or objectionable;
- (b) includes programs which contain or consist of software viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- (c) amounts to political campaigning, commercial solicitation, “pyramid” or similar scheme; chain letters, mass mailings, or any form of “spam;”
- (d) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- (e) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- (f) violates any law or the Terms, or may be considered to violate any law or the Terms;
- (g) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- (h) advocates or promotes illegal activity;
- (i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- (j) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Websites;
- (k) solicits funds, advertisers or sponsors;
- (l) involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Laruche Fine European Foods Inc. personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any email or other posting, using a false email address, or impersonating any person or entity;
- (m) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Websites;
- (n) copies any other pages or images on the Websites except with appropriate authority;
- (o) includes MP3, audio, or other media format files;
- (p) amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites;
- (q) disobeys any policy or regulations established from time to time regarding use of the Websites or any networks connected to the Websites;
- (r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at in (a) to (q) above.
LaRuche Fine Europen Foods, Inc. reserves the right (but not the obligation) to review, remove or edit such content or any Submission which LaRuche Fibe European Foods, Inc. in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. Edible Arrangements takes no responsibility and assumes no liability for any Submission made or content posted by you or any third party.
If you do post or make a Submission you agree that it will forever be the property of LaRuche Fine European Foods, Inc. and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. LaRuche Fine European Foods will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future LaRuche Fine European Foods, Inc.’ operations. Without limitation, LaRuche Fine European Foods, Inc. will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You hereby grant LaRuche Fine European Foods, Inc., its affiliates and franchisees the right to use the name that you submit in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.
EMAIL AND OTHER COMMUNICATIONS
In connection with your use of this Website, you consent to LaRuche Fine European Foods, Inc.recording any communication, electronic or otherwise, between you and LaRuche Fine European Foods, Inc. and retaining any Submission you make while using the Website. Please do not send any time-sensitive Submission or other communications by email to LaRuche Fine European Foods, Inc. as we cannot be responsible for responding to any such communications.
You agree to indemnify and hold harmless LaRuche Fine European Foods, Inc., its affiliates and subsidiaries, and all of their managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorney’s fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of the Agreement or use of this Website.
You expressly acknowledge that this Website may contain links to other websites not controlled, operated or owned by LaRuche Fine European Foods, Inc. Unless otherwise expressly provided by LaRuche Fine European Foods, Inc. Laruche Fine European foods, Inc. provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE PROVIDED BY LARUCHE FINE EUROPEAN FOODS, INC. AND/OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LARUCHE FINE EUROPEAN FOODS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LARUCHE FINE EUROPEAN FOODS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THIS WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. LARUCHE FINE EUROPEAN FOODS, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM LARUCHE FINE EUROPEAN FOODS, INC.; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED.
LARUCHE FIBE EUROPEAN FOODS, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
LARUCHE FINE EUROPEAN FOODS, INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
LaRuche Fine European Foods, Inc. reserves the right, in its sole discretion, to terminate or suspend any Password, Account, access, or ability to use the Website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately:
- (a) discontinue use of the applicable Website(s) and
LaRuche Fine European Foods, Inc. may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. LaRuche Fine European Foods, Inc. may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If LaRuche Fine European Foods, Inc. believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and Passwords, terminate accounts or take other corrective action it deems appropriate. LaRuche Fine European Foods, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing LaRuche Fine European Foods, Inc. to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement.
YOU WAIVE AND HOLD HARMLESS LARUCHE FINE EUROPEAN FOODS, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LARUCHE FINE EUROPEAN FOODS, INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LARUCHE FINE EUROPEAN FOODS, INC. OR LAW ENFORCEMENT AUTHORITIES.
AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
LaRuche Fine European Foods, Inc. respects the intellectual property rights of authors. To assist copyright owners, LaRuche Fine Eurpean Foods, Inc. has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with our Website. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:
Designated Agent – Attn: Copyright Agent
LaRuche Fine European Foods, Inc.
9314 Summerbell Lane, Houston , Texas 77074
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
- (a) Your address, telephone number and e-mail address;
- (b) Identification of the copyrighted work (or works) that you claim has been infringed;
- (c) A description of the material that you claim is infringing the copyrighted work;
- (d) A clear description of where the infringing material is located on the Websites, including its URL, so that LaRuche Fine European Foods, Inc. can locate the material;
- (e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- (g) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
We may assign our rights and obligations under this Agreement, without notice, to
- (i) any affiliate of LaRuche Fine European Foods, Inc. , or (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of LaRuche Fine European Foods, Inc. or any affiliate of LaRuche Fine European Foods, Inc. This Agreement may not be assigned by you without our prior written consent.
GOVERNING LAW AND JURISDICTION
This Website (excluding linked web sites) is controlled by LaRuche Fine European Foods, Inc. from its offices within United States. LaRuche Fine European Foods, Inc. makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the U.S. and Canada.
LaRuche Fine European Foods, Inc.
9314 Summerbell Lane. Houston, Texas 77-74
Effective Date: March 01, 2016
Use of the franchise prospect site is for prospective LARUCHE FINE EUROPEAN FOODS, INC.® franchisees only. By accessing this Franchise prospect site you represent to Laruche Fine European Foods Inc. that you have submitted a complete and signed application to a Laruche Fine European Foods Inc. franchise development representative and are authorized by Laruche Fine European Foods Inc. to access this Franchise prospect site. You further agree to be bound by the terms and conditions set forth on the individual pages of LaRuche Fine European Foods, Inc. website including, but not limited to, the terms and conditions of use. Your authorization to access the Franchise prospect site of LaRuche Fine European Foods, Inc. website does not obligate LaRuche Fine European Foods, Inc. to grant you a franchise.
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. Currently, the following states and countries regulate the offer and sale of franchises: In the U.S.: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of one of these states, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements in your jurisdiction.