Terms of Service
OUR COMMITMENT TO ACCESSIBILITY
Last updated: June 25, 2025
These Terms of Use (“Terms”) are entered into by and between you and Le Pain Quotidien (“LPQ,” “we,” or “us”), and govern your access to, and use of, all or part of the website (https://www.lepainquotidien.com) (the “Site”), and any other authorized websites, mobile applications, or other online services or programs where these Terms appear (the Site and all of the foregoing, collectively, the “Services”).
Please read these terms carefully. By using or accessing the services, you agree that you have read and agree to be bound by these terms and conditions of these terms. If you do not agree to these terms, LPQ is not willing to provide you with access to or use of the services and you must not access or use the services.
The Services are intended for users who are 18 years of age or older and who are residents of the United States. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
We may change or modify these Terms from time to time, in our sole discretion, and will post the updated Terms with a “Last Updated” effective date. Any changes or modifications will be effective immediately upon posting them and will apply to all access to and use of the Services thereafter. Your continued access to and use of the Services following the posting of revised Terms means that you accept and agree to the updated Terms. As a result, we encourage you to check this page from time to time, so you are aware of any changes, as they are binding on you. If you do not agree to the changed or modified Terms, do not use the Services.
USE OF THE SERVICES
Your access to and use of the Services and all content contained on or accessed from the Services, including text, graphics, images, photographs, videos, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other information (collectively, the “Content”), are expressly conditioned upon your compliance with these Terms.
You may not access or use the Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Services; (d) infringes upon the rights of any third party; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of items or services without the prior written consent of LPQ; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Services.
Additionally, you agree not to: (a) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (b) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (c) interfere in any manner with the operation or hosting of the Services or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services; (d) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Services; or (e) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services.
We may discontinue, or change from time to time, any Service including any Service Term, in our sole discretion without notice. We also may discontinue or change specifications on products described and/or displayed through the Services, in our sole discretion without notice.
USERS AND ACCOUNTS
In order to participate in certain areas of our Services, you will need to register for an account. When you set up an account, you may be required to provide an email address or choose a username and password. You may be able to access your account through third party authorization methods (for example, a social media account). In creating an account, you agree to the following: (a) create only one account; (b) provide accurate, truthful, current and complete information; (c) keep your information updated and accurate; (d) protect your password and access to your account; (e) notify us if you discover or otherwise suspect that the security of your account has been compromised or breached; and (f) take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account. Your account, username, and password are for your personal use only. You are solely responsible for maintaining the confidentiality of, and are responsible for all activities that occur under, your account, username and password, and any other information that may be used to access your account. You are solely responsible for all use of the Services in connection with your account, including compliance with these Terms, and will be fully liable for all costs, fees, liabilities or damages incurred through the use of your account and any transactions completed through your account.
ONLINE ORDERING
We may make available to you the ability to order online from our participating LPQ locations. These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third-party services to process payments. The LPQ location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Services. The Services may allow you to customize your order. Refunds, if any, of amounts paid for cancelled catering orders will be identified at the time of cancellation Please contact the LPQ location responsible for fulfilling your order directly to identify amounts due. Please see the Catering page of the Website for details of LPQ’s cancellation policy as to catering orders.
TERMINATION
We may revoke your access to and use of the Services at any time, with or without cause. We reserve the right to cease providing or to change the Services at any time and without notice. We also reserve the right to seek all other remedies available at law and in equity.
THIRD PARTY LINKS
The Services may contain links to other websites and resources provided by third parties (collectively, “Third Party Websites”). These links are provided for your convenience only. We are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LPQ of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to us through the Services (each, a “Submission”), including without limitation all intellectual property rights and other rights in and to a Submission, will be considered non-confidential and non-proprietary. By providing any Submission, you grant LPQ and our affiliates and service providers, and each of their respective licensees, successors, and assigns a royalty free, non-exclusive right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any Submission you submit or contribute, and you, not LPQ, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for or liable to any third party for the content or accuracy of any Submission posted by you or any other user of the Services.
PRIVACY
For more information about how we collect, use and share information, please see our Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
LPQ endeavors to make sure that all information and data it originates on the Website is accurate. However, LPQ is not responsible for any costs, damages or loss related to the use of this Website.
THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT ANY GUARANTEES, REPRESENTATIONS, AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE, OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND/OR CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN AND/OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. LPQ RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER LPQ (INCLUDING ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED LOSS, DAMAGE OR INJURY WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY COMPENSATORY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY OF THE SERVICES, OR FROM ANY MATERIALS OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OPPORTUNITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, LPQ MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS ABOUT THE CONDITION, ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO AND/OR ANY USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF THIS WEBSITE, OR LPQ’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR COST, LIABILITY OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
LPQ is not responsible for any costs, damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited to, any outdated version of our Privacy Policy.
INDEMNIFICATION
Unless prohibited by law, you agree to defend, indemnify and hold harmless LPQ, its affiliates, service providers, and their respective officers, directors, employees, shareholders, members and/or agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your Submissions; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
GOVERNING LAW AND JURISDICTION
Use of this Website and these Terms of Use shall be governed by the laws of the State of New York in the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. Any waiver or claimed waiver by LPQ of any term or condition must be in writing signed by LPQ or shall not be construed as a valid waiver. No waiver by LPQ of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and LPQ’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision or to modify these Terms of Use.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in a mutually agreed-upon location within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose) and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in jurisdictions that allow consumers to file certain claims in small claims court, you understand that by accepting these Terms of Use, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website and you waive any and all rights to claim any punitive, special, incidental, consequential or any other indirect damages (including, without limitation, multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or its contents and/or the Website materials.
By accepting these Terms of Use, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, you agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, but excluding any attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, LPQ may at any time seek injunctive, equitable or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by LPQ, in the event that LPQ believes that there is a violation, or a threatened violation, that has jurisdiction of any of LPQ’s intellectual property, intellectual property rights, or other property or rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
INTELLECTUAL PROPERTY RIGHTS
The Services and its Content are owned by LPQ, its subsidiaries, affiliates and/or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows: You may print or download Content from the Services for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. This is the grant of a limited, non-sublicensable license, not a transfer of title, and under this license you may not use the Services or any Content for any commercial purpose or for any public display (commercial or non-commercial).
Except as otherwise expressly permitted by these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly perform, transmit, or otherwise use the Content and/or Services. You may not use the Content or Services on or in connection with any other website, for any purpose. In all copies of this information, you must include this notice and any other copyright notices originally included with such information.
The LPQ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LPQ or its affiliates or licensors. You must not use such marks without the prior written permission of LPQ.
COPYRIGHT INFRINGEMENT
LPQ values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify LPQ in writing as follows:
Electronic Mail Address: compliance@convivebrands.com
In your notice, you must include the following:
a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
identification of the copyrighted work(s) that is (are) allegedly being infringed;
identification of the materials that are causing the infringement and that are requested to be removed, along with sufficient information to allow LPQ to identify and locate such materials;
contact information (i.e., name, address, email address) sufficient to enable LPQ to contact you;
a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software and/or materials from or related to this Website may be subject to United States export controls or the export controls of other countries from where you access the Website. No software or materials may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the software or materials is at your sole risk.
MISCELLANEOUS
These Terms and any other documents or policies incorporated herein by reference, constitute the sole and entire agreement between you and LPQ regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. No waiver by LPQ of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LPQ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
FOR MORE INFORMATION
All comments, questions, requests for technical support, and other communications relating to these Terms should be directed to Customer Service by visiting our Contact page.