Terms and Conditions
Agreement
between user and bostonrdpizza.com
Welcome
to bostonrdpizza.com. The bostonrdpizza.com website (the "Site") is
comprised of various web pages operated by Boston Road Pizza
pizzabostonrdpizza.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of bostonrdpizza.com constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of them for
your reference.
bostonrdpizza.com
is a E-commerce Site
online
order
Privacy
Your
use of bostonrdpizza.com is subject to Boston Rd Pizza's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic
Communications
Visiting
bostonrdpizza.com or sending emails to Boston Rd Pizzaconstitutes 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.
Your
account
If
you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that Boston Rd Pizza is not responsible for
third party access to your account that results from theft or misappropriation
of your account. Boston Rd Pizza and its associates reserve the right to refuse
or cancel service, terminate accounts, or remove or edit content in our sole
discretion.
Boston
Rd Pizza does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you
may use bostonrdpizza.com only with permission of a parent or guardian.
Links
to third party sites/Third party services
bostonrdpizza.com
may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Boston Rd Pizza and Boston Rd Pizza 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. Boston Rd Pizza providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Boston Rd Pizzaof the
site or any association with its operators.
Certain
services made available via bostonrdpizza.com are delivered by third party
sites and organizations. By using any product, service or functionality
originating from the bostonrdpizza.com domain, you hereby acknowledge and
consent that Boston Rd Pizza may share such information and data with any third
party with whom Boston Rd Pizza has a contractual relationship to provide the
requested product, service or functionality on behalf of bostonrdpizza.com
users and customers.
No
unlawful or prohibited use/Intellectual Property
You
are granted a non-exclusive, non-transferable, revocable license to access and
use bostonrdpizza.com strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to Boston Rd Pizzathat 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 Service, such as text, graphics, logos, images,
as well as the compilation thereof, and any software used on the Site, is the
property of Boston Rd Pizzaor 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. Boston Rd Pizzacontent 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 Boston Rd Pizzaand 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 Boston Rd Pizzaor our licensors except as expressly
authorized by these Terms.
International
Users
The
Service is controlled, operated and administered by Boston Rd Pizzafrom our
offices within the USA. If you access the Service from a location outside the
USA, you are responsible for compliance with all local laws. You agree that you
will not use the Boston Rd PizzaContent accessed through bostonrdpizza.com in
any country or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You
agree to indemnify, defend and hold harmless Boston Rd Pizza, 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, any user
postings made by you, 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. Boston Rd Pizza 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
Boston Rd Pizza in asserting any available defenses.
Arbitration
In
the event the parties are not able to resolve any dispute between them arising
out of or concerning these Terms and Conditions, or any provisions hereof,
whether in contract, tort, or otherwise at law or in equity for damages or any
other relief, then such dispute shall be resolved only by final and binding
arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or
a similar arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrators award shall be final, and judgment
may be entered upon it in any court having jurisdiction. In the event that any
legal or equitable action, proceeding or arbitration arises out of or concerns
these Terms and Conditions, the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class
Action Waiver
Any
arbitration under these Terms and Conditions will take place on an individual
basis; class arbitrations and class/representative/collective actions are not
permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN
THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further,
unless both you and Employer agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding.
Liability
disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOSTON RD PIZZA AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BOSTON
RD PIZZA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BOSTON RD PIZZA
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, 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 BOSTON RD
PIZZA 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, SOFTWARE, PRODUCTS, 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 BOSTON RD PIZZA 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
Boston
Rd Pizza 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 State of Connecticut and you hereby consent to the
exclusive jurisdiction and venue of courts in Connecticut 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 Boston Rd Pizza as a result of this agreement or
use of the Site. Boston Rd Pizza's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of Boston Rd Pizza'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 Boston Rd Pizza 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 Boston Rd Pizza with respect to the Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Boston Road Pizza 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
Boston
Road Pizza reserves the right, in its sole discretion, to change the Terms
under which bostonrdpizza.com is offered. The most current version of the Terms
will supersede all previous versions. Boston Road Pizza encourages you to
periodically review the Terms to stay informed of our updates.
Opt-in Terms: Summary Terms & Conditions: Our mobile text
messages are intended for subscribers over the age of 18 and are delivered via
USA short code 99000. You may receive up to 10 message(s) per month of text
alerts. Message & Data Rates May Apply.
This service is
available for phones with text messaging capabilities, and subscribers on
AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA,
Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, and Boost. For
help, text HELP to 99000, email [email protected] or call 413-796-7777. You may stop
mobile subscriptions at any time by text messaging STOP
Contact
Us
Boston
Road Pizza welcomes your questions or comments regarding the Terms:
Boston
Road Pizza
1291
Boston Rd
Springfield,
MA 01119
Telephone number:
413-796-7777
Effective
as of March 20, 2015
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