Terms of Use

Agreement between User and NajwasIceCreamTruck.net

Welcome to NajwasIceCreamTruck.net. The NajwasIceCreamTruck.net website (the "Site") is comprised of various web pages operated by Najwa's Ice Cream Truck ("Company"). NajwasIceCreamTruck.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of NajwasIceCreamTruck.net constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of NajwasIceCreamTruck.net is subject to Company's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting NajwasIceCreamTruck.net or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Minors Under Eighteen

The Site is intended for adults who are arranging events. If you are under 18, you may use NajwasIceCreamTruck.net only with permission of a parent or guardian.

Bookings and Events

The Site provides information about Company's menu and services and lets you contact Company to ask about booking the truck for an event. The Site does not take orders or payments. Pricing, availability, deposits, cancellations, and any other booking terms are arranged directly with Company and are separate from these Terms.

Links to Third Party Sites

NajwasIceCreamTruck.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use NajwasIceCreamTruck.net strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which 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.

All content included as part of the Site, such as text, graphics, logos, images, videos, online documents as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.

Messages You Send Us

When you send a message through the contact form, Company uses the information you provide to respond to your inquiry, as described in our Privacy Policy. You agree that the information you provide is accurate, and that you will not use the contact form to send unlawful, abusive, or unsolicited commercial messages.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

Liability Disclaimer

The information, services, and related graphics included in or available through the Site may include omissions, inaccuracies or typographical errors. Changes are periodically added to the information herein. Najwa's Ice Cream Truck and/or its suppliers may make improvements and/or changes in the Site at any time.

Najwa's Ice Cream Truck and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, services and related graphics are provided "as is" without warranty or condition of any kind. Najwa's Ice Cream Truck and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Najwa's Ice Cream Truck and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Najwa's Ice Cream Truck or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Termination/Access Restriction

Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Company reserves the right, in its sole discretion, to change the Terms under which NajwasIceCreamTruck.net is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Company welcomes your questions or comments regarding the Terms:

Najwa's Ice Cream Truck
9 Independence Drive, Apt #11
Methuen, MA 01844

Email:

Effective as of September 20, 2026