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.