Terms of Service

1. Acceptance of Terms

Welcome to La Capitol. By accessing our website, using our services, making a reservation, or visiting our restaurant, you agree to be bound by these Terms of Service ("Terms").

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old. If you are under 18, you may not use our website, subscribe to any communications, or provide any personal information to us.

If you do not agree to these Terms, please do not use our Services.

These Terms apply to:

• Use of our website (lacapitolrestaurant.com)
• Restaurant dining services
• Reservations and bookings
• Email and SMS communications
• Social media interactions
• Any other services provided by La Capitol

Please also review our Privacy Policy, which governs how we collect and use your personal information.

2. Use License & Restrictions

2.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable license to:

• Browse our website and view content
• Make reservations for personal use
• View our menu and pricing information
• Subscribe to our newsletter and promotional communications
• Contact us for inquiries or feedback

2.2 Prohibited Activities

You agree NOT to:

• Use automated systems (bots, scrapers, crawlers) to access our website
• Attempt to breach security measures or gain unauthorized access
• Reverse engineer, decompile, or modify our website or services
• Upload malicious code, viruses, or harmful content
• Impersonate La Capitol, our staff, or other users
• Harass, threaten, or abuse staff or other customers
• Use our services for illegal purposes or to violate any laws
• Resell or redistribute our services without permission
• Make false or fraudulent reservations
• Post defamatory, obscene, or offensive content

3. SMS Messaging Terms (A2P)

3.1 Program Description

Program Name: La Capitol Text Club

Description: By opting in to our SMS program, you will receive promotional offers, reservation reminders, special event notifications, limited-time deals, and updates about La Capitol.

3.2 Consent and Opt-In

By providing your mobile phone number and checking the SMS opt-in box, you:

• Confirm you are the account holder or have permission to use the phone number
• Confirm you are at least 18 years of age
• Consent to receive automated marketing and informational text messages from La Capitol
• Understand that consent is not a condition of any purchase or use of our services
• Agree to receive up to 4 messages per month (frequency may vary)
• Acknowledge that message and data rates may apply

3.3 Message Frequency & Rates

• Frequency: Up to 4 messages per month; frequency varies based on activity and preferences
• Rates: Standard message and data rates apply. Contact your mobile carrier for pricing details
• Supported Carriers: AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, and most major carriers

3.4 Opt-Out Instructions

To unsubscribe from SMS messages:

• Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number you receive messages from
• You will receive one final confirmation message confirming your opt-out
• You may also contact us at (570) 909-2271 or [email protected] to opt out

3.5 Rejoining the Program

If you opt out and wish to rejoin:

• Text START or SUBSCRIBE to the same number
• Re-submit an opt-in form on our website

3.6 Help Instructions

For assistance with SMS messages:

• Text HELP to receive support information
• Email us at [email protected]
• Call us at (570) 909-2271 (Monday-Friday, 11 AM - 9 PM EST)

3.7 Carrier and Service Limitations

3.8 Privacy and Data Sharing

Your mobile phone number and SMS consent data will:

• NOT be sold, rented, or shared with third parties for their marketing purposes
• Only be used to send you messages from La Capitol that you consented to receive
• Be shared with SMS service providers (e.g., GoHighLevel, Twilio) solely to deliver messages on our behalf
• Be handled in accordance with our Privacy Policy

4. Email Marketing Terms

4.1 Email Consent

By subscribing to our email list, you consent to receive:

• Promotional emails about special offers and events
• Newsletters with news and updates
• Reservation confirmations and reminders
• Surveys and feedback requests

4.2 CAN-SPAM Compliance

We comply with the CAN-SPAM Act. All marketing emails include:

• Clear identification as a promotional message
• Our physical address: 100 N Main Ave, Scranton, PA 18504
• An easy-to-use "Unsubscribe" link
• Honest subject lines that accurately reflect content

4.3 Unsubscribing

You may unsubscribe from promotional emails at any time by:

• Clicking "Unsubscribe" at the bottom of any email
• Contacting us at [email protected]
• Calling (570) 909-2271

Note: You will continue to receive transactional emails (reservation confirmations) even after unsubscribing from marketing emails.

5. Reservations & Cancellations

5.1 Reservation Policy

• Reservations are subject to availability
• We hold reservations for 15 minutes past the reservation time
• Large parties (6+ guests) may require a credit card to hold the reservation
• Special requests (seating preferences, dietary needs) are accommodated when possible but not guaranteed

5.2 Cancellation Policy

• Please cancel at least 2 hours in advance for parties of 1-5 guests
• Large parties (6+ guests) require 24-hour advance cancellation notice
• Cancellations can be made by phone (570) 909-2271 or through your reservation confirmation
• No-shows or late cancellations may be subject to a cancellation fee for large parties

5.3 Modifications

To modify your reservation (date, time, party size), please contact us at least 2 hours in advance. We will do our best to accommodate changes based on availability.

6. Pricing & Payment

6.1 Menu Pricing

• All prices are subject to change without notice
• Prices displayed on our website may differ from in-restaurant prices
• We reserve the right to correct pricing errors
• Applicable taxes and gratuity are not included in menu prices

6.2 Payment Methods

We accept the following payment methods:

• Cash
• Credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards
• Digital payments (Apple Pay, Google Pay)

6.3 Gratuity & Service Charges

• Gratuity is not included unless stated (e.g., for large parties)
• An automatic 20% gratuity may be added to parties of 6 or more
• Private event bookings may include a service charge

6.4 Refund Policy

If you are unsatisfied with your meal or service, please inform your server immediately. We will make every effort to resolve the issue. Refunds are handled on a case-by-case basis at the discretion of management.

7. Limitation of Liability

7.1 Premises Liability

While we maintain a safe environment in compliance with health and safety codes, customers assume inherent risks when dining out. We are not responsible for injuries or damages unless caused by our negligence or violation of applicable laws.

8. Allergen & Dietary Disclaimers

8.1 Customer Responsibility

If you have food allergies or dietary restrictions:

• Inform your server immediately upon arrival
• Ask questions about ingredients and preparation methods
• Understand that despite our best efforts, cross-contact may occur
• Make an informed decision about the risks of dining with us

You assume all risks associated with consuming food that may contain allergens. La Capitol is not liable for allergic reactions or adverse health effects unless caused by gross negligence.

8.2 Menu Accuracy

• Menu items and ingredients are subject to change based on availability
• Nutritional information is approximate and may vary
• We do not guarantee accuracy of third-party nutritional databases

9. Alcohol Service Policy

9.1 Age Verification

• You must be 21 years or older to purchase or consume alcohol
• Valid government-issued photo ID is required
• We reserve the right to refuse service to anyone who cannot provide valid ID

9.2 Responsible Service

La Capitol complies with Pennsylvania liquor laws and responsible beverage service practices. We reserve the right to:

• Refuse alcohol service to anyone at our discretion
• Limit the number of alcoholic beverages served to any individual
• Stop serving alcohol to visibly intoxicated guests
• Request that intoxicated guests arrange safe transportation

9.3 Customer Responsibility

By consuming alcohol at La Capitol, you:

• Confirm you are of legal drinking age (21+)
• Agree to consume responsibly and follow our staff's guidance
• Accept personal responsibility for your actions and decisions while consuming alcohol
• Agree not to drive or operate machinery while intoxicated
• Acknowledge that La Capitol is not responsible for injuries or damages resulting from your intoxication (except as required by law)

9.4 Liability Disclaimer

La Capitol is not liable for accidents, injuries, or damages caused by intoxicated patrons, except where prohibited by law. Please drink responsibly.

10. Intellectual Property

10.1 Ownership

All content on our website and in our restaurant, including but not limited to:

• Text, images, graphics, and videos
• Logos, trademarks, and branding
• Menu designs and recipes
• Website design and code
• Marketing materials

...is owned by La Capitol or licensed to us and protected by copyright, trademark, and intellectual property laws.

10.2 Restrictions

You may NOT:

• Reproduce, distribute, or publicly display our content without permission
• Use our logos, trademarks, or branding without written consent
• Copy our menu, recipes, or proprietary information
• Create derivative works based on our content

10.3 Limited Use License

You may view and download content from our website for personal, non-commercial use only. Any other use requires our prior written permission.

11. Third-Party Links & Integrations

Our website and services may contain links to third-party websites, platforms, or services, including:

• Reservation platforms (OpenTable, Resy, etc.)
• Social media (Facebook, Instagram)
• Payment processors
• Review sites (Google, Yelp)
• Maps and navigation services

Disclaimer: We are not responsible for the content, privacy practices, or terms of third-party sites. Use of third-party services is at your own risk and subject to their respective terms and conditions.

12. User Conduct

12.1 Expected Behavior

When using our Services or visiting La Capitol, you agree to:

• Treat staff and other customers with respect and courtesy
• Follow staff instructions and restaurant policies
• Comply with all applicable laws and regulations
• Refrain from disruptive, offensive, or illegal behavior
• Respect the property and safety of others

12.2 Prohibited Conduct

We have zero tolerance for:

• Harassment, threats, or violence toward staff or customers
• Discriminatory, hateful, or offensive language or behavior
• Destruction of property or vandalism
• Illegal activity on our premises
• Creating disturbances or disrupting other guests' experiences

12.3 Right to Refuse Service

We reserve the right to refuse service, remove individuals from our premises, or terminate accounts for violations of these Terms or any inappropriate conduct.

13. Modifications to Terms

La Capitol reserves the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• Material changes will be communicated via email or website notice
• Continued use of our Services after changes constitutes acceptance of the revised Terms

We encourage you to review these Terms periodically to stay informed of any updates.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

14.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Lackawanna County, Pennsylvania. You consent to the personal jurisdiction of these courts.

14.3 Informal Resolution

Before filing any legal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We are committed to working with you to find a fair resolution.

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Severability & Entire Agreement

15.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and La Capitol regarding use of our Services and supersede all prior agreements.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

16. Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us:

La Capitol Legal Department
100 N Main Ave
Scranton, PA 18504

Email: [email protected]
Phone: (570) 909-2271
Hours: Monday-Friday, 11:00 AM - 9:00 PM EST

We will respond to all inquiries within 5-7 business days.