Terms & Conditions of Use
Effective: February 20, 2020
Last Modified: February 20, 2020
PLEASE READ CAREFULLY BEFORE USING THIS SITE:
DW Lunches website(s), which include dwlunches.com and all its sub-domains, folders, and files contained, (herein referred to as the “Website” or “Site”) is owned and operated by Discovery World (herein referred to as the “Company”). The Company maintains the Site to provide information on and ordering for its meal services, (herein referred to as the “Services”), and to market the Services to potential customers. In doing so, it may collect personal information from you in order to improve the Services, as well as the marketing and user experience, to you and others with similar interests. The Site may contain information, opinions, advice, media, functionalities, or other content on the Site (herein referred to as the “Content”). This Site allows you to order meals for your child(ren); by selecting meals, you agree to be billed and submit payment for them, and you affirm that the meals selected are suitable for your child(ren), including consideration of dietary restrictions, allergies, etc. This webpage contains the Terms and Conditions of Use governing your access to and use of the Site. The terms “we”, “us”, “our” and words of similar import refer to the Company. The terms “you”, “user”, “visitor” and words of similar import refer to any person making use of any content, products, services, or functionalities on the Site.
YOU AGREE THAT YOUR USE OF THE SITE SIGNIFIES YOUR ASSENT TO THESE TERM AND CONDITIONS OF USE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO READ THIS POLICY WHEN IT IS UPDATED. YOU AGREE THAT FAILURE TO DO SO WHILE CONTINUING TO USE THE SITE IS NEGLIGENT ON YOUR BEHALF AND STILL SIGNIFIES YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE SITE.
A. TERMS APPLICABLE TO ALL USERS
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS OF USE.
For users who are not registered with the Site, your use of the Site will be deemed to be acceptance of the Terms and Conditions of Use, Section A.
For users who are registered with the Site, your use of the Site shall be subject to (i) additional terms designated in Section B, as well as Section A and (ii) shall be further conditioned on your checking the “I AGREE TO THE TERMS AND CONDITIONS OF USE.” box during the registration process.
IF THESE TERMS AND CONDITIONS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
2. Changes to Terms
We may, at any time, for any reason and without notice, make changes to (i) the Site, including its look, feel, format, and Content, as well as (ii) the products, and/or services as described in the Site. Any modifications will take effect when posted to the Site. Therefore, each time you access the Site, you must review the Terms and Conditions of Use upon which access and use of this Site is conditioned. By your continuing use of the Site after changes are posted, you will be deemed to have accepted such changes.
The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the content or functionalities on this Site. We make no representation that the Content is appropriate or that its products and services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to interact with the website in-person. You are not authorized to use automated methods of browsing, using, copying, or downloading any portion of the Site. You may manually view, use, copy, and download for your own personal records small portions of the Content, including without limitation text, graphics, software, audio and video files and photos, of the Site for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may only store on your personal computer or in hard-copy portions of the Site for your own personal records.
You may not modify, reproduce, transmit, reverse engineer or distribute any portion of the Content on this Site, or the design or layout of the Site or individual sections of it, in any form or media. The systematic retrieval of data from the Site is also prohibited.
It is your responsibility to maintain adequate protection against malware attacking your electronic devices or hackers obtaining your information through this Site, including our databases. The Company makes no guarantee as the the security of the Site. Third parties may be able to hack this site. Do not send sensitive information through or to the Site or to our email. Any consequences of such actions will be solely your responsibility, and you agree to indemnify and hold the Company harmless for your failure to adequately protect your electronic devices or your information or for the malicious actions of third parties using the Site. Should you wish to communicate sensitive, private, or confidential information, you may contact us via telephone, fax, mail, or in-person.
You agree not to submit or transmit any e-mails or materials through the Site that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. We shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms and Conditions of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission, or distribution of any information, software, or other material available through the Site without the prior written consent of the Company is strictly prohibited.
5. Copyrights and Trademarks
The Content on this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download, and print materials on this Site solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include our copyright notice, and any downloaded portions must only be stored on your personal hard disk. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading, printing, or otherwise obtaining such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license or otherwise convey any part of this Site; create derivative works from; link to or frame in another website; use on any other website; transfer; or sell any information obtained from this Site without the prior written permission of the Company.
Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, publicly display, or operate this Site without the prior written permission of the Company. You may not use any part of this Site on any other Site, without the Company’s prior written consent.
We respect the intellectual property rights of others, and we expect our users to do the same. The policy of the Company is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the email address provided below at the end of this Terms and Conditions of Use policy.
You may not link to this Site without the Company’s written permission. If you are interested in linking to this Site, please contact us at the email address provided below at the end of this Terms and Conditions of Use policy.
7. No Unlawful or Prohibited Use or Spamming
As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You may not use harvesting or automatic means to obtain or use information of any kind from the Company or Site, including without limitation, displayed lists, site code, site files, database structure, or database data. Injection or entry of characters into the address line with the intent of obtaining or using information not purposefully displayed during normal interaction with the Site is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with the Company should be directed to the email address provided below at the end of this Terms and Conditions of Use policy.
8. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH THE COMPANY EXPRESSLY DISCLAIMS. THE COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THE COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, PRODUCTS, OR SERVICES, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Governing Law, Location, and Miscellaneous
We control and operate this website from within the United States. Our online privacy practices are governed by the laws of the United States and the state of California, which may differ from the privacy laws in your state or home country, without reference to its choice of law rules.
10. Separate Agreements
You may have other agreements with us. Those agreements are separate and in addition to these Terms and Conditions of Use. These Terms and Conditions of Use do not modify, revise, or amend the terms of any other agreements you may have with us.
11. DMCA Copyright Policy and Copyright Agent
We respect the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
Discovery World Site Administrator
P.O. Box 4974
Palos Verdes Peninsula, California 90274
United States of America
12. U.S. Resident
You represent that you are a United States resident.
13. No Professional Advice
The information available on the Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as psychological, medical, legal, accounting, or other professional advice. This Site is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR MEDICAL AND/OR PSYCHOLOGICAL SPECIALIST, OR WITH YOUR LEGAL, INSURANCE, TAX, FINANCIAL OR OTHER ADVISER, AS APPROPRIATE.
14. Users Disputes
You are solely responsible for your interactions with other Users. We reserve the right, but haves no obligation, to monitor disputes between you and other Users.
15. User Submissions and Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify the Company and its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Site accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to the Company by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted the Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sub-license its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to the Company by email.
We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Site are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. We have full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
The Company reserves the right (but is not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions of Use.
(d) Terminate a Member’s access to any or all Public Areas and/or the Company’s Site and/or our affiliate Sites upon any breach of these Terms and Conditions of Use.
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
We reserve the right to take any action it deems necessary to protect the personal safety of our guests or the public. We have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any of our confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms and Conditions of Use or this Site shall be settled by binding arbitration in the city of Los Angeles in the state of California in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the state of California in the United States of America.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
17. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF, INABILITY TO MAKE USE OF, OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES, AND/OR FUNCTIONALITIES OF THE SITE (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY. THE COMPANY’S TOTAL LIABILITY SHALL NOT IN ANY EVENT EXCEED YOUR PAYMENT TO US FOR SERVICES RENDERED ONLINE OR $1 TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU IN FULL.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
19. Accounts and Security
We do not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and User Name (“User Name”). You shall provide us with accurate, complete, and updated Account information for your user account. Failure to do so shall constitute a breach of this Terms and Conditions of Use, which may result in immediate termination of your Account.
You may not:
(a) select or use a User Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a User Name that the Site, in its sole discretion, deems inappropriate or offensive.
You shall notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. You agree to delete upon receipt any emails that contain your password such as account activation or password reminders because email may not be secure.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the Company’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
20. Meal Orders
You agree to billing and to remit payment for the meals that you order for your child(ren). Further, you affirm that you have considered your child’s needs, including, but not limited to, their dietary restrictions, medical requirements, and allergies, and the meals selected are suitable for your child to be served by us.
21. Contact Information:
If you have any questions or concerns regarding the Terms and Conditions of Use, please contact:
Discovery World Site Administrator
P.O. Box 4974
Palos Verdes Peninsula, California 90274
United States of America