State of Indiana Rev. 1343F05
TERMS OF USE
MCLHOMEMADE.COM
Version Date: September 28, 2021
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy
(https://www.mclhomemade.com/privacy), constitutes a legally binding agreement made between you,
whether personally or on behalf of an entity (“user” or “you”) and MCL, Inc. and its affiliated companies,
Websites, applications and tools (collectively, MCL, Inc., “Company” or “we” or “us” or “our”), concerning
your access to and use of the https://www.mclhomemade.com Website(s) as well as any other media
form, media channel, mobile website or mobile application related or connected thereto (collectively, the
“Sites”). The Sites provide the following service: Information about our restaurants, online ordering of food
from our restaurants, purchasing of gift cards (“Company Services”). Supplemental terms and conditions
or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into
this Agreement by reference.
Company makes no representation that the Sites is appropriate or available in other locations other than
where it is operated by Company. The information provided on the Sites is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject Company to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do
so on their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a
minor, you must have your parent or guardian read and agree to this Agreement prior to you using the
Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company
Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR
TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT
USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
PURCHASES; PAYMENT
MCL, Inc. may offer free trial or sample of our products or services. The duration of the free trial period
and all other details of the offer will be posted on our Sites If you wish to try our free options please read
through them carefully first. MCL, Inc. will bill you through a payment provider for our Services. By using
our paid options you agree to pay MCL, Inc. all charges at the prices then in effect for the products or
services you or other persons using your billing account may purchase, and you authorize MCL, Inc. to
charge your chosen payment provider for any such purchases. You agree to make payment using that
selected payment method. If you have ordered a product or service that is subject to recurring charges
then you agree to us charging your payment method on a recurring basis, without requiring your prior
approval from you for each recurring charge until such time as you cancel the applicable product or
service. MCL, Inc. reserves the right to correct any errors or mistakes in pricing that it makes even if it has
already requested or received payment. Sales tax will be added to the sales price of purchases as
deemed required by Company. Company may change prices at any time. All payments shall be in U.S.
dollars.
REFUND AND RETURN
All sales are final and no refunds shall be issued.
USER REPRESENTATIONS
Regarding Your Registration
By using the MCL, Inc. Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and
account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use our Sites; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Sites' registration form and (b) maintain and promptly update registration data to keep it
true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Sites (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate
in our discretion, such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide
We may invite you to chat or participate in blogs, message boards, online forums and other functionality
and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute or broadcast content and materials to our Sites and/or to or via the Sites' forms, emails, chat
agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics,
comments, suggestions or personally identifiable information or other material (collectively
"Contributions"). Any Contributions you transmit to MCL, Inc. will be treated as non-confidential and non-
proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading
and copying of your Contribution does not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and
permissions to use and to authorize MCL, Inc. and the Sites' users to use your Contributions as
necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual
person in the Contribution to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise
objectionable (as determined by MCL, Inc.), libelous or slanderous, does not ridicule, mock,
disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government,
does not incite, encourage or threaten physical harm against another, does not violate any applicable
law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18
or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or
state law concerning child pornography or otherwise intended to protect the health or well-being of
minors;
F. your Contribution does not include any offensive comments that are connected to race, national
origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this
Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your
account to any of your social network accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to MCL, Inc. an unrestricted, unconditional, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such
Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels. Such use and distribution license will apply
to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names and logos, personal and commercial images you provide. Company does not assert any
ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in
this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We will not use your contribution in a way that
infringes on your rights and always process your personal information lawfully and with your consent.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any
Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-
screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this
Agreement.
By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a
personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access,
download, print and otherwise use your Contributions for their internal purposes and not for distribution,
transfer, sale or commercial exploitation of any kind.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the MCL, Inc. Services via a mobile application, then MCL, Inc. grants you a
revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on such devices strictly in
accordance with the terms and conditions of this license. You shall use the application strictly in
accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation,
improvement, enhancement, translation or derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark) of Company or its
affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f)
make the application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (g) use the application for creating a product, service or software that
is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the
application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i)
use any proprietary information or interfaces of MCL, Inc. or other intellectual property of MCL, Inc. in the
design, development, manufacture, licensing or distribution of any applications, accessories or devices for
use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play to access the MCL, Inc. Services. You acknowledge that this Agreement is concluded
between you and MCL, Inc. only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and
MCL, Inc., not an App Distributor, is solely responsible for the MCL, Inc. application and the content
thereof. (1) SCOPE OF LICENSE: The license granted to you for the MCL, Inc. application is limited to a
non-transferable license to use the MCL, Inc. application on a device that utilizes the Apple iOS or
Android operating system, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: MCL, Inc. is solely
responsible for providing any maintenance and support services with respect to the MCL, Inc. application,
as specified in this Agreement, or as required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the MCL, Inc. application. (3) WARRANTY: MCL, Inc. is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of
the MCL, Inc. application to conform to any applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for the MCL, Inc. application, and to the maximum extent permitted by applicable law, an App Distributor
will have no other warranty obligation whatsoever with respect to the MCL, Inc. application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be MCL, Inc. sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that MCL, Inc.,
not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the
MCL, Inc. application or your possession and/or use of the MCL, Inc. application, including, but not limited
to: (i) product liability claims; (ii) any claim that the MCL, Inc. application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that
the MCL, Inc. application or your possession and use of the MCL, Inc. application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE:
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY
TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using
the MCL, Inc. application, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the MCL, Inc. application. (8) THIRD PARTY
BENEFICIARY: MCL, Inc. and you acknowledge and agree that the App Distributors, and their
subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Sites or the MCL, Inc. Services ("Submissions") provided by you to MCL, Inc. are
non-confidential and MCL, Inc. (as well as any designee of Company) shall be entitled to the unrestricted
use and dissemination of these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Sites for any other purpose other than that for which MCL, Inc. makes it
available. The Sites may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by MCL, Inc.. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites,
or any portion of the Sites
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or
in any way making up a part of the Sites
E. deleting the copyright or other proprietary rights notice from any Sites' content
F. engaging in any automated use of the system, such as using any data mining, robots or similar data
gathering and extraction tools
G. except as may be the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without limitation, any spider,
robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching
any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in
providing any portion of the Company Services to you
I. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services
connected to the Sites
J. making any unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses
K. selling or otherwise transferring your profile
L. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly,
a collection, compilation, database or directory without written permission from Company
M. tricking, defrauding or misleading Company and other users, especially in any attempt to learn
sensitive account information such as passwords
N. using any information obtained from the Sites in order to harass, abuse, or harm another person
O. using the Company Services as part of any effort to compete with Company or to provide services
as a service bureau
P. using the Sites in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Sites (“MCL, Inc. Content”) and the trademarks, service marks and logos contained
therein (“Marks”) are owned by or licensed to MCL, Inc., and are subject to copyright and other
intellectual property rights under United States and foreign laws and international conventions. MCL, Inc.
Content, includes, without limitation, all source code, databases, functionality, software, Sites' designs,
audio, video, text, photographs and graphics. All MCL, Inc. graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks, common law trademarks or trade
dress of MCL, Inc. in the United States and/or other countries. MCL, Inc. trademarks and trade dress may
not be used, including as part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of the MCL, Inc..
MCL, Inc. Content on the Sites is provided to you “AS IS” for your information and personal use only and
may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of
the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to
access and use the Sites and the MCL, Inc. Content and to download or print a copy of any portion of the
MCL, Inc. Content to which you have properly gained access solely for your personal, non-commercial
use. MCL, Inc. reserves all rights not expressly granted to you in and to the Sites and MCL, Inc. Content
and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Sites contains (or you may be sent through the Sites or the MCL, Inc. Services) links to other
websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content
posted on, available through or installed from the Sites, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the
Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party
Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide
to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you
do so at your own risk and you should be aware that our terms and policies no longer govern. You should
review the applicable terms and policies, including privacy and data gathering practices, of any websites
to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any
purchases you make through Third Party Websites will be through other websites and from other
companies, and MCL, Inc. takes no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party.
SITE MANAGEMENT
MCL, Inc. reserves the right but does not have the obligation to:
A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in MCL, Inc. sole discretion, violates this
Agreement, including without limitation, reporting such user to law enforcement authorities;
C. in MCL, Inc. sole discretion and without limitation, refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may
violate this Agreement or any MCL, Inc. policy;
D. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or
otherwise disable all files and content that are excessive in size or are in any way burdensome to
MCL, Inc. 's systems;
E. otherwise manage the Sites in a manner designed to protect the rights and property of MCL, Inc.
and others and to facilitate the proper functioning of the Sites.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or
member of the Sites, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings, if available, or
by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE
RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY
REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY
APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY
CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN
COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Sites and Company Services, Company reserves the right at any
time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive
the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to
fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,
WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S
THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS
AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING
NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS
AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO
INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating or suspending your account,
Company reserves the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be
posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this
Agreement when you use the Company Services after any such modification becomes effective.
Company may also, in its discretion, choose to alert all users with whom it maintains email information of
such modifications by means of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact information current in your
account settings to ensure you are informed of changes. You agree that you will periodically check the
Sites for updates to this Agreement and you will read the messages we send you to inform you of any
changes. Modifications to this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the
Company Services (or any part thereof) with or without notice. You agree that Company shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Company
Services.
DISPUTES
Between Users
If there is a dispute between users of the Sites, or between users and any third party, you understand and
agree that Company is under no obligation to become involved. In the event that you have a dispute with
one or more other users, you hereby release Company, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and/or the Company Services.
With Company
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services
shall be governed by and construed in accordance with the internal laws of the State of Indiana,
without regard to conflict of law provisions. With respect to any disputes or claims not subject to
informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute
any action in connection therewith other than in the state and federal courts located in Marion County
County, State of Indiana, and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the International Sale of Goods
is excluded from this Agreement. Additionally, application of the Uniform Computer Information
Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or
proceeding by you related in any way to the Sites or Company Services be instituted more than two
(2) years after the cause of action arose.
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or
claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before
initiating any arbitration or court proceeding. Such informal negotiations commence upon written
notice from one person to the other.
C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal
negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly
excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one
party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website
www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the
Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be
excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in
person, through the submission of documents, by phone or online. The arbitrator will make a decision
in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in Marion County County, State of Indiana. Except as otherwise provided in this Agreement, you and
Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between
Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined
with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any other persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following
Disputes are not subject to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or
Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is
found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute
falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and
Company agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or
omissions that may relate to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the
information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the content available on the Sites. By operating the Sites,
Company does not represent or imply that Company endorses any blogs, contributions or other content
available on or linked to by the Sites, including without limitation content hosted on third party websites or
provided by third party applications, or that Company believes contributions, blogs or other content to be
accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise
objectionable content you may encounter on the Sites or in connection with any contributions. The
Company is not responsible for the conduct, whether online or offline, of any user of the Sites or
Company Services.
YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY
SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE
COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF
ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify Company, and you agree to cooperate, at your expense, with
Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the
address listed in the contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as each party may specify.
Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending
party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the
Company Services, as well as data relating to your use of the Company Services. Although we perform
regular routine backups of data, you are primarily responsible for all data that you have transferred or that
relates to any activity you have undertaken using the Company Services. You agree that Company shall
have no liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make
transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH
AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,
POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,
you may be required to have certain hardware and software, which are your sole responsibility.
ELECTRONIC SIGNATURES
Users are allowed on mclhomemade.com to transmit and receive valid electronic signatures in the United
States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and
the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’
signatures and identities are not authenticated on mclhomemade.com.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of the
Company Services. The failure of Company to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest
extent permissible by law. This Agreement and your account may not be assigned by you without our
express written consent. Company may assign any or all of its rights and obligations to others at any time.
Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any
cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and Company as a
result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will
furnish Company any documentation, substantiation or releases necessary to verify your compliance with
this Agreement. You agree that this Agreement will not be construed against Company by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of this
Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information
regarding use of the Company Services, please contact Company as set forth below or, if any complaint
with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at
400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
MCL, Inc.
2730 East 62nd Street
Indianapolis, IN 46220
Email: guestcare@mclhomemade.com
Phone: 3172575425
MCL, Inc. Gift Card Terms and Conditions
Last Updated: September 28, 2021
General Terms
These MCL Restaurant & Bakery Gift Card Terms and Conditions (“Terms and
Conditions”) apply in addition to the Terms of Use and Privacy Policy set forth on the
MCLhomemade.com website, which are expressly incorporated herein. For purposes of
these Terms and Conditions, including the arbitration provision set forth below, the term
“MCL” shall be interpreted broadly encompass MCL, Inc., and any of its predecessors,
successors, assigns, parents, subsidiaries, affiliates, and each of their respective
officers, directors, shareholders, employees, and agents.
IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY
ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES
THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THIS MEANS THAT YOU AND MCL ARE EACH GIVING UP THE RIGHT TO SUE
EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION,
THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND
APPELLATE REVIEW THAN IN COURT.
Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, MCL plastic Gift
Cards and eGift Cards (“MCL Gift Cards”) are not returnable or refundable for cash
except in states where required by law. Resale of MCL Gift Cards is strictly prohibited.
Liability.
The balance on any Gift Card is solely the liability of MCL, Inc.
Acceptance locations.
Unless other restrictions apply, MCL Gift Cards may be used at any MCL store in the
U.S.; or on-line at mclhomemade.com.
Not for promotional use.
MCL Gift Cards may be used as personal or business gifts, but may not be used in
connection with any marketing, advertising or other promotional activities (including
without limitation via websites, Internet advertisements, email, telemarketing, direct
mail, newspaper and magazine advertisements, and radio and television broadcasts). If
you are ordering more than 750 cards, please email giftcards@mclhomemade.com and
an associate will contact you by the next business day, or call us at 1-317-257-5425
Monday-Friday, 9 a.m. - 4 p.m (EST).
No affiliation with MCL.
Use of MCL’s name, logo, trade dress (including any image/likeness of the cards) or
trademarks (or those of any of its subsidiaries or affiliates) in connection with the
purchase or use of MCL Gift Cards is strictly prohibited. Furthermore, the use of MCL
Gift Cards in any manner that states or implies that any person, website, business,
product or service is endorsed or sponsored by, or otherwise affiliated with, MCL or any
of its subsidiaries or affiliates is prohibited.
Compliance with laws.
By purchasing MCL Gift Cards, you are certifying and representing to MCL that the
activities in connection with which the MCL Gift Cards will be used will comply with
these Terms and Conditions and all applicable laws, rules and regulations, and that the
MCL Gift Cards will not be used in any manner that is misleading, deceptive, unfair or
otherwise harmful to consumers or MCL. In addition, you agree to defend and indemnify
MCL, Inc. and its subsidiaries and affiliates from and against any claims, expenses or
liabilities made against or incurred by any of them in connection with your use of the
MCL Gift Cards or violation of any of these Terms and Conditions.
Lost or Stolen Gift Card.
Lost or stolen cards will not be replaced. MCL shall have no liability to you for (i) lost or
stolen MCL Gift Cards or (ii) use of any MCL Gift Cards by third parties through your
MCLhomemade.com account. You are solely responsible for keeping the password for
your MCLhomemade.com account safe and for any activity conducted under your
account.
Saving MCL Gift Card Information and Viewing
Balance Terms and Conditions
No Consolidation for New MCL Gift Card.
You may not consolidate or combine multiple MCL Gift Cards to purchase a new MCL
Gift Card. mclhomemade.com does not consolidate or combine multiple gift cards into
MCL Gift Card Balance is an Estimate.
The balance you see when viewing MCL Gift Card balances online or receive by calling
1-317-257-5425 is an estimate only. In most cases, the balance is adjusted immediately
when you make a purchase online or in stores, but there may be occasions when the
updated balance is delayed for a period of time. You can also view the MCL Gift Card’s
transaction history to see if all the transactions for the MCL Gift Card are listed.
MCL Gift Cards Do Not Expire.
MCL gift cards never expire.
Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This arbitration provision provides that you and MCL waive any right to file a lawsuit in
court or participate in a class action for matters within its terms.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL
DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS
OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MCL (INCLUDING
ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY MCL), WHETHER BASED
IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER
LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING
ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A
COURT BY A JUDGE OR JURY, AND YOU AGREE THAT MCL AND YOU ARE EACH
WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.
DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE
LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY
PRIOR TERMS AND CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL
TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE
AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The
arbitrator will conduct hearings, if any, by teleconference or videoconference, rather
than by personal appearances, unless the arbitrator determines upon request by you or
by us that an in-person hearing is appropriate. Any in-person appearances will be held
at a location that is reasonably convenient to you. The arbitrator will follow these Terms
and Conditions and his or her award will be final and binding. Notwithstanding any of
the foregoing, nothing in these Terms and Conditions will preclude you from bringing
issues to the attention of federal, state, or local agencies and, if the law allows, they can
seek relief against us for you.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE
ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED
BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A
PRIVATE ATTORNEY GENERAL), OTHER MCL CUSTOMERS, OR OTHER
PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY
TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE
ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT
A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS
AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS
ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE
REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL
PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A
COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING,
IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE
WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED,
THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL
SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED
PENDING ARBITRATION OF THE REMAINING CLAIMS.
This arbitration provision shall survive any termination of these Terms and Conditions.
Any amendments to this arbitration provision shall not affect any pending asserted claim
or arbitration proceeding.
Applicable Law
The law applicable to the interpretation and construction of these Terms and Conditions
in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the
laws of the State of Indiana without regard to principles of conflicts of laws. If any
dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any
court proceeding in which the matter is adjudicated.
Updates to Terms and Conditions
These MCL Gift Card Terms and Conditions were last updated on the date set forth
above. MCL may update these Terms and Conditions at any time. We recommend that
you check these Terms and Conditions periodically for changes. In the event of a
conflict between these Terms and Conditions and the mclhomemade.com Terms of Use,
these Terms and Conditions will govern.