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Terms and Conditions

These are the Terms and Conditions ("Terms") of this website, currently located at jaguarden.online (the "Website"), which is brought to you by The East Orange School District - East Orange Campus High School, a New Jersey public organization. ("Jaguar Den" or "us" or "we" or "our"). By registering as a user of this Website ("User" or "you" or "your") or by placing an Order through this Website, you agree to be bound to these Terms.

There is one type of user on the Website: Individuals who order from Jaguar Den ("Customer"). These Terms will use the words "User" or "Customer" or "you" or "your" to mean a Customer. This Website may provide Customers with news and information about Jaguar Den, and permits each Customer to place an order (each, an "Order") for food or other things like apparels (the "Goods") with Jaguar Den, which fills the Order to the Customer (the "Service").

Registering with Us

  1. Each Customer must provide the following information to register with us or to place an Order

    1. − Name (no pseudonyms or made-up names).
    2. − Email address

  2. Each Customer must provide a United States credit or debit card information when they choose to pay by credit card for the order online

  3. Each Customer shall be given an alias ("User ID") and password ("Password") to access their account ("Account"). Unless and until you tell us otherwise, we will assume that any person using your Account is authorized to do so on your behalf.

  4. Each Customer who is not a student of the East Orange School District must be 18 years of age or older.

  5. We may, in our sole discretion, verify the information you provide to us. We may, in our sole discretion, restrict use of the Website until we verify your information.

Orders

  1. All Orders are placed on the Website.

  2. After your Order has been transmitted to Jaguar Den, we may contact you regarding your Order at the email address or phone number you provided. If you do not confirm an Order or respond to us, we may cancel the Order, and the price will be refunded to your credit or debit card used to place the Order.

User Conduct

  1. You agree to use the Website in a manner that is consistent with these Terms and Conditions in compliance with all East Orange School District policies and applicable laws and regulations.

  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or Website, except as expressly permitted by these Terms.

  3. You agree to comply with all EOSD, local, state, provincial, country and/or regional laws that may be applicable to your use of the Website and your use of the Internet.

  4. By becoming a registered User, you consent to the inclusion of your data in our database. Your data includes records of all Orders requested through the Website.

  5. We may refuse Service, or restrict, suspend or terminate your Account at any time, for any reason or no reason, at our sole discretion. We may also use technical means to block Users or others from visiting or using the Website.

  6. You acknowledge that the Website (including but not limited to text, sound, photographs, graphics, pictures or other material contained in any communication, advertisements, or messages, whether by us or our advertisers or partners) are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use the Website and the Goods and Service as expressly authorized by us, our advertisers and partners, as the case may be.

  7. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or Service, either in whole or in part.

  8. Jaguar Den reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity on the Website or otherwise. Furthermore, Jaguar Den may disclose your contact and other information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or any other legal action, and Jaguar Den shall not be liable for damages or results thereof and you agree not to bring any action or claim against Jaguar Den nor East Orange Campus High School nor East Orange School District for such disclosure.

  9. You acknowledge and agree that Jaguar Den may use your personal information in accordance with the Privacy Policy attached above.

Representation and Warranties

  1. You hereby represent, warrant and covenant to us, that you shall:

    • Provide true, accurate, current and complete information.

    • Maintain and promptly amend all information to keep it true, accurate, current and complete.

  2. You hereby represent, warrant and covenant to us that information submitted by you for display on the Website (including any material submitted as feedback or a review of a Restaurant) shall not:

    • contain fraudulent information or make fraudulent offers of items.

    • violate any applicable law, statute, ordinance or regulation.

    • infringe or misappropriate any copyrights, trademarks, service marks or other intellectual property or other rights of any third party.

    • contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any EOSD policy, law or regulation.

    • contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.

Disclaimer of Warranties

  1. THE WEBSITE, THE GOODS AND THE SERVICES, INCLUDING ALL ORDERS, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Jaguar Den, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. Jaguar Den, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY (I) THAT THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THAT THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH SERVICES, ORDERS OR THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THAT THE QUALITY OF ANY ORDERS, OR ANY GOODS, SERVICES, INFORMATION OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE, OR THROUGH ANY ADVERTISERS OR PARTNERS, INCLUDING ANY FOOD, WILL MEET YOUR EXPECTATIONS; (V) THAT THE PRICES DISPLAYED ON THE WEBSITE AND DISCOUNTS PROVIDED THROUGH THE WEBSITE WILL BE HONORED BY THE PHYSICAL LOCATION

  3. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE GOODS OR THE WEBSITE IS ACCESSED BY YOU AT YOUR SOLE OWN DISCRETION AND RISK, AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER OUTCOME THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  4. NO ORDERS, DATA, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED OR RECEIVED BY YOU FROM Jaguar Den, THE WEBSITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitations of Liability

  1. Jaguar Den, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE.

  2. Jaguar Den, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM USING THE SERVICES, ORDERS OR GOODS PROVIDED BY OR THROUGH THE WEBSITE, OR RELIANCE ON OR USE OF INFORMATION, SERVICES, ORDERS, GOODS OR SERVICES, WHETHER OR NOT PROVIDED ON OR THROUGH THE WEBSITE.

  3. YOU ACKNOWLEDGE AND AGREE THAT Jaguar Den, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS NEITHER ENDORSE THE CONTENT OF ADVERTISEMENTS OR THIRD PARTIES' WEB CONTENT, NOR ASSUME RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER LIABILITY FACILITATED THEREBY.

  4. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER Jaguar Den NOR ANY OF ITS USERS, SERVICE PROVIDERS, LICENSORS, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, RESULTING FROM THE USE OR THE INABILITY TO PLACE THE ORDERS OR USE THE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  5. UNDER NO CIRCUMSTANCES SHALL Jaguar Den, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE OR DISRUPTION OF THE ORDERS OR SERVICES DELIVERED THROUGH THE WEBSITE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER, TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.

  6. Jaguar Den, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE HELD RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, WHICH HINDER YOUR ACCESS TO THE WEBSITE OR THE SERVICES.

Intellectual Property

By registering with or providing Content to the Website, you grant to us a non-exclusive, royalty-free, transferable, irrevocable and perpetual right to use and reproduce the information, data and content that you provide to us from time to time, such as apparel feedback or reviews of customer service, other text, photographs, or graphics (collectively, "Content") for use on the Website. We reserve the right, in our sole discretion, to refrain from displaying any Content on the Website. We may delete or dispose of any Content at any time for any reason or for no reason.

Copyright Infringement Claims

We are committed to complying with copyright and related laws, and we expect you and all other Users of the Website to comply with such laws as well. Using our Website to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party violates these legal provisions. You represent and warrant to us (a) that you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through our Website, and (b) that any use of the files, data, text, or other information supplied by you does not violate these legal notices and will not cause injury to any person or entity.

If you believe that your work has been copied on our Website, or any of our other systems or networks in a way that constitutes infringement under the Copyright Act, please provide the following information to us for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. ß 512(c)(3)):

You may forward your copyright claim to:

By E-mail: JaguarDen@eastorange.k12.nj.us

Indemnification

You hereby agree to indemnify, defend and hold harmless Jaguar Den, its affiliates, partners, officers and employees, from any and all allegations, losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any use of the Website by you or any other person using your Account, including but not limited to any display of your information on the Website, the placing of any Orders, or from any breach of these Terms. You hereby further agree to defend, indemnify and hold Jaguar Den, its affiliates, officers and employees, harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any breach of any representations and warranties made by you to Jaguar Den.

General

  1. Jaguar Den and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

  2. Jaguar Den shall have the right to assign its obligations and duties under these Terms and/or in any agreement relating to the Services, Orders or Goods to any person or entity at any time.

  3. Jaguar Den reserves the right to modify or replace these Terms, and such changes are effective upon posting on the Website. Your continued use of the Website after any changes to these Terms constitutes an affirmative acknowledgement that you agree to the current version of the Terms.

  4. Jaguar Den reserves the right to modify some or all its functional features or discontinue the Service, the Website and other services with or without any notice to you. Jaguar Den shall not be liable to You or any third party should it exercise its right to modify or discontinue the Website or the Service.

Delivery Policy

All orders will be delivered per the time confirmed on the order. If for any reason the Jaguar Den is not able to deliver the product, we will call and notify you within two business days from when the order is placed and issue a full credit card refund for card orders.

These Terms shall be governed by the law of New Jersey, and the federal laws of the United States of America, without reference to any conflicts of law provisions. The Uniform Computer Information Transactions Act and the U.N. Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any controversy or claim between the parties or arising out of these Terms shall be determined by one disinterested arbitrator in binding arbitration administered by the American Arbitration Association (the "AAA") pursuant to the AAA's Commercial Arbitration Rules, the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Online Arbitration. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.