Last Updated: March 1, 2026
This Privacy Policy (“Policy”) is designed to help you understand the types of personal information we at UC New England LLC (“Upper Crust,” “we,” “us,” or “our”) collect, how we use it, when it may be disclosed, and the rights and choices you have with respect to your personal information. It also explains how we communicate with you and how you can make requests or submit inquiries to us about your personal information. We appreciate you taking the time to read this Policy and understand our data and privacy related practices. This Policy applies to all personal information that we collect during any written, electronic, and oral communications online or offline when you:
interact with our websites located at https://theuppercrustpizzeria.com/, and any other websites, pages, features or content we own or operate (collectively, the “Site(s)”);
use our mobile applications (the “App(s)”);
visit one of our restaurants (the “Restaurant(s)”); or
otherwise interact with our products or services that direct you to this Policy (collectively, the “Service(s)”).
By continuing to use our Services, you acknowledge this Privacy Policy, and agree to our Terms and Conditions (“Terms”). If you are not comfortable with any part of this Policy or do not agree with the Terms, please immediately discontinue access or use of our Services. We may make changes to this Policy from time to time. We will notify you of any material changes to this Policy and will update the Last Revised date at the beginning of this Policy. We encourage you to look for updates and changes to this Policy when you access our Services. We may also provide “just-in-time” disclosure or additional information about our information collection, use, and sharing practices of specific Services. These notices may supplement or clarify our privacy practices or provide you with additional choices about how we process your personal information.
PERSONAL INFORMATION WE COLLECT. Upper Crust collects certain personal information about you and your use of our Services. Personal information is typically data that identifies an individual or relates to an identifiable individual. The definition of personal information depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Policy. The personal information that we collect depends on your interactions with us, and the choices you make.
Information You Voluntarily Provide to Us. We, or service providers that assist us in providing, maintaining, and operating our Services, may collect the following types of personal information from you:
Account Registration. We may collect information relating to the creation of an account, such as, your first and last name, address, postal code, email address, phone number, preferred store and/or a unique individual password.
Order Placement. We may collect your personal information when you place an order on our Sites or in our App, including, for example, your first and last name, delivery address, postal code, email address, and/or phone number.
Make Reservation. We may collect guest information, such as your first and last name, email address, phone number, and any note you would like to leave the restaurant when you make a reservation at one of our restaurants online.
Payment Information. When you place orders, purchase, send or reload gift cards, we may collect your name, payment card information, shipping and billing addresses, and phone numbers.
Customer Support. When you engage with our support team, we may collect certain information including copies of your correspondence (including email addresses), social media handles, or additional information you choose to share with us.
Newsletter Sign-up. You may choose to provide us your email address if you wish to receive information about Upper Crust’ news, events and offers.
Promotional Events. From time to time, we may offer you an opportunity to participate in promotions, programs and/or sweepstakes (collectively, “Promotions”). If you choose to participate in a Promotion, we will collect and store the personal information you provide in connection with your participation in the Promotion, which may include, your name, email address, and/or phone number. We may provide “just-in-time” disclosure or additional information about our information collection, use, and sharing practices of specific Promotions.
Feedback. We may collect your name, email, phone number, locations, and dates that you visited our restaurants and other information you would like to share with us in the feedback form. If you provide contact information, we may contact you to clarify your comment or question, or to learn about your level of interest in, or satisfaction with, our Services.
Loyalty Program. When you sign up to participate in our Loyalty Program online or offline to earn points and rewards, we may collect your name, email address, birthday, and phone number.
Career Information. When you apply to join our team, we may collect your first and last name, email address, phone number, home address, start date, and any employment-related information contained in your resume.
Information We Automatically Collect. To the extent permitted under the applicable law, we may collect certain types of information automatically, such as when you interact with the Sites or use the Services. We may collect the following types of information automatically from you:
Usage Data. When you browse our Sites, we automatically collect log data such as your web request, Internet Protocol (“IP”) address, browser type, domain names, referring and exit pages and URLs, pages viewed and the order of these page views, the date and time you access our servers, and other diagnostic data.
Device Information. When you use your desktop or mobile devices to access our Services, we may be able to identify your device’s unique device identifier, MAC address, operating system, and your mobile device’s advertising ID.
Location Information. When you use our Service, we may infer the generic physical location and geographic regions of your device from your Wi-Fi, Bluetooth, and other device settings. For example, your IP address may indicate your general geographic region. Upon your permission, we may collect your mobile device’s precise geo-location to find the closest restaurants near you. You may choose not to share your location details with us by adjusting your mobile or desktop device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
Information From Third Parties. From time to time, we may obtain information about you from third-party sources.
Social Media Platforms and Networks. If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (including Instagram, Facebook, Twitter, Google, You Tube, and Pinterest) in connection with our website or Apps, we collect information that you share with us, or that the social media platforms share with us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.
From Other Sources. We may obtain information about you from other sources, such as data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources.
HOW WE USE YOUR PERSONAL INFORMATION. We use your personal information as described in this Policy for business and commercial purposes, or as disclosed to you prior to such processing taking place. We may process your personal information:
To Provide Services. We will use your personal information to provide information or perform Services that you request, including managing your request to register an account, make a reservation, place an order, purchase a gift card, or join the loyalty program. For example, when you place an order with us, we require your address to deliver your order, and we require payment information to process your order. We will not be able to provide you with Service without such information. Third parties such as payment processing companies and courier services may also access and/or collect your personal information when assisting us to fulfill your order.
To Provide You with Service-Related Communications. We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about Privacy Policy updates, confirmations of your orders or reservations, security updates, or other relevant transaction-related information. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise, you may miss important developments relating to your account or the Services.
To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, and ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.
To Enforce Compliance with Our Terms, Agreements, and Policies. When you access or use our Services, you are bound to our Terms. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing, and mitigating any alleged or actual prohibited, illicit, or illegal activities on our Services. Subject to the applicable law, we may also process your personal information to investigate, prevent or mitigate violations of our internal terms, agreements, or policies and enforce our agreements with third parties and business partners.
To Detect and Prevent Fraud and Security Risks. We may process your personal information to help monitor, prevent, and detect fraud and abusive use of our Services, monitor, and verify your identity so that unauthorized users do not gain access to your information, enhance system security, and combat spam, malware, malicious activities, or other security risks that might result in financial loss.
To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.
To Provide Marketing Communication. We may collect your email address, phone number, or other electronic addresses that you voluntarily provide to us when you choose to participate in our promoting activities or subscribe for marketing communications. When you no longer wish to receive these marketing messages from us, you can opt-out at any time by unsubscribing or following the instructions contained within such messages.
To Research and Develop of Our Services. We may process your personal information and derive analytical and statistical data to better understand the way you use and interact with our Services to help us improve our existing Services and to build new Services. Please see our Cookies and Other Similar Tracking Technologies section for more information.
To Personalize Your Experience. We may process your information to personalize your experience. By personalization, we enable you to interact with our Services more easily across platforms and devices. Please see our Cookies and Other Similar Tracking Technologies section for more information.
To Facilitate Corporate Acquisitions, Mergers, and Transactions. We may process any information regarding your account and your use of our Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions.
With Your Consent. For any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the services or other related services requested, with your permission or upon your direction.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION. We disclose your personal information as needed to fulfill the purposes described in this Policy and as permitted by applicable law. We may disclose your personal information as described below.
With Our Service Providers. We may disclose your personal information with third-party service providers acting on our behalf to help us operate our Services. Service providers and vendors provide us with support services such as order management, credit card processing, website hosting, reservation management, feedback management, analytics services, surveys and research services, and network maintenance.
Within Our Corporate Organization. We may disclose your personal information within our organization to provide you with the Services and take actions based on your request, such as our parent company, subsidiaries, and corporate affiliates, joint venturers, or other companies under common control with us.
During Business Transaction or Other Asset Transfers. We may disclose and transfer information about you to buyers, service providers, advisors, potential transactional partners, or other third parties in connection with the advisors, potential transactional partners, or other third parties of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our business or assets. By engaging with us or using our Services, you understand and agree to our assignment or transfer of rights to your personal information.
For Legal Compliance & Safety. We may access, preserve, and disclose information about you if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) comply with requests from auditors, examiners, or other regulators; (c) exercise, establish or defend our legal rights; or (d) protect your, our, or others’ rights, property, or safety.
With Our Business Partners. Subject to applicable law, we may disclose your personal information to our business partners, such as, for permitted marketing purposes, or for co-sponsored events based on your voluntary participation.
With Your Consent. We may share your personal information with other companies if you give us permission or direct us to share your information.
COOKIES AND OTHER TRACKING TECHNOLOGIES. We and third parties on our behalf may use cookies or similar tracking technologies (collectively, “Tracking Technologies”) to collect information automatically as you interact with our Services, to help us customize your experience and optimize our user experience, including to:
Analyze our web traffic using an analytics package;
Identify whether you already visited our Services;
Store information about your preferences; and
Recognize you when you return to our Services.
Analytics. We may use third-party service providers to monitor and analyze the use of our career website, such as Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports website traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.
Interest-Based Advertising. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt-out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal, or visit the NAI’s opt-out portal.
Managing Cookies and Similar Tracking Technologies. You have the right to decide whether to accept cookies. If you do not want us to deploy cookies in your browser, you may exercise your preference by modifying your web browser setting to either (1) refuse some or all cookies or (2) notify you and ask for your permission when a website tries to set a cookie. If you want to learn the correct way to modify your browser settings, please use the “Help,” “Tools” or “Edit” menu in your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile, and Android browser. If you choose to disable cookies in your browser, you can still use the Services, although your ability to use some of the features may be affected. If you want to exercise your rights regarding personal information collected via cookies and similar tracking technologies, please see the “Your Rights and Choices” section below.
HOW WE PROTECT YOUR PERSONAL INFORMATION. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. We maintain our Services and all associated information with technical, administrative, and physical safeguards to protect against the loss, unauthorized access, destruction, misuse, modification, and improper disclosure of your personal information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the internet. If you feel that the security of any account you might have with us has been compromised, please reach out immediately via the method listed in the “Contact Us” section below.
RETENTION OF YOUR PERSONAL INFORMATION. We will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. We will cease to retain your personal information or remove the means by which the information can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected and is no longer necessary for legal or business purposes. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us via the method listed in the “Contact Us” section below. Please note that we may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
YOUR CHOICES
Marketing Communications. When you no longer wish to receive these marketing emails from us, you can unsubscribe at any time by following the instructions contained within such messages, or contacting us at https://theuppercrustpizzeria.com/contact/
Your Privacy Rights. Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in providing you with those rights. Please note, your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (i) when denial of the request is required or authorized by law; (ii) when granting the request would have a negative impact on another’s privacy; (iii) to protect our rights and properties; (iv) where the request is frivolous or vexatious; or (v) for other reasons.
Right to Access. You may have the right to obtain a copy of the personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your personal information.
Right to Correct. You may have the right to correct any of your personal information in our files.
Right to Delete. Under certain circumstances, you may have the right to the erasure of the personal information that we hold about you. This right is not absolute, and we may refuse your right to erasure if it is reasonably necessary for us to provide a service requested by you; to perform a contract between us; to maintain functionality and ensure security of our systems; to enable solely expected internal uses of your personal information; to exercise a right provided by law; to comply with a legal obligation; or if there are compelling legitimate grounds for keeping your personal information.
Right to Portability. Under certain circumstances, you may have the right to receive personal information we hold about you in a structured, commonly used, and machine-readable format so that you can provide that personal information to another controller.
Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your privacy rights.
Right to Object to Automated Decision-Making. We do not make any decisions based on algorithms or other automated processing that significantly affect you.
Right to Appeal. You may have the right to appeal if we refuse to act on your rights request. Instructions on how to appeal will be provided to you upon such a denial, but in any event, such instructions will be substantially similar to those provided below for submitting requests.
Right to Opt-Out of Sale and Targeted Advertising. You may have the right to opt-out of sale of your personal information, and the sharing of your personal information for targeting advertising purposes. We generally do not sell your personal information for profit, but like many websites, we use cookies, and similar technology, and we share personal information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities. To opt-out of having your personal information sold or shared for targeted advertising, please click the “Your Privacy Rights” link or contact us at https://theuppercrustpizzeria.com/contact/. Under the broad definition of “sell” contained in California privacy law, this could be considered a sale. California residents may also opt-out of sharing and sales by using an opt-out preference signal for each participating browser system that you use. We will honor and process the opt-out preference signal in a frictionless manner. To start using an opt-out preference signal, please refer to the instructions provided here. You will need to submit a separate opt-out of sharing request on each device and browser you use to visit our Site. Please note that you may still receive generalized ads after opting out of targeted advertising.
Right to Limit the Use of Sensitive Personal Information. California residents have the right to limit the use of sensitive personal information. Upper Crust does not collect any sensitive personal information, as defined by applicable California law.
California Residents’ Specific Rights. California residents specifically have the following rights: (a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (e) Right Against Discrimination; (f) Right to Opt-Out of Automated Decision-making or Profiling (upon issuance of regulations by the California Privacy Protection Agency); (h) Right to Opt-Out of Sale and Sharing for Targeted Advertising; and (i) Right to Limit the Use of Sensitive Personal Information.
Submitting a Request to Exercise Your Rights. In addition to the methods specified above, you may exercise these rights by contacting us at https://theuppercrustpizzeria.com/contact/. In your request, please make clear which right you would like to exercise. Before fulfilling your request, we are required by law to have you to verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. You may use an authorized agent to submit a rights request on your behalf. If you use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us that the authorized agent has been authorized to act on your behalf.
CHILDREN’S INFORMATION. Our Services are not directed to, and we do not knowingly collect personal information from, children under the age of 16. If you are under 16, please do not attempt to fill out our forms or send any personal information about yourself to us. If we become aware that a child under 16 has provided us with personal information, we will terminate the user’s access to our Services and take steps to delete such information from our file systems, unless we have a legal obligation to keep it.
THIRD-PARTY WEBSITES. Our Services may contain links to other websites, products, or services that we do not own and are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit before providing any information to them. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services, and this Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. If you have any questions about how these other sites or services use information from or about you, you should contact them directly.
INTERNATIONAL USERS. Upper Crust business operates in the United States. Our Services are not intended for international users. Thus, when you access and submit personal information to Upper Crust, your personal information may be processed, maintained, and used on computers, servers, and systems located in the United States, where privacy and data protection laws may be less stringent than the laws in your country of residence. By providing information to us through our Services, you authorize us to transfer, store, and process your information in the United States and in accordance with this Policy. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.
ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS. The California Consumer Privacy Act, as amended by the California Privacy Rights Act (“California Privacy Law”) requires us to disclose the following additional information related to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this Policy.
Categories of Personal Information Collected, Used, and Disclosed
In the preceding 12 months, depending how you interact with our Services, we may collect the following categories of personal information (as defined under Cal. Civ. Code §1798.140(v)(1)):
Identifiers, such as your name, shipping and billing address, unique personal identifier, email, phone number, or similar identifiers;
Commercial information, such as your purchase history, transaction records, payment information, order and reservation records, loyalty program participation;
Internet or other electronic network activity information, such as technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and information about your visit, including your browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, and system configuration information;
Audio or Visual information, such as your video recording through our Restaurant’s CCTV footage;
Geolocation data, such as geolocation, to the extent you have configured your device to permit us to collect such information; and
Inferences drawn from any of the information listed above, such as your menu preferences, characteristics, and behavior.
For more information about the personal information we collect, and how we collect it, please refer to Section 1 above, “Personal Information We Collect.” For more information about the business purposes for which we collect your personal information, please refer to Section 2 above, “How We Use Your Personal Information.” To learn the categories of third parties with whom we may share your personal information, please refer to Section 3 above, “How We Share Your Personal Information.” Please see Section 7 to understand how to exercise applicable privacy rights under California Privacy Law. Please note, if you use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us, that the authorized agent has been authorized to act on your behalf. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
CONTACT US. We welcome questions, comments, and concerns about our privacy policy and privacy practices. If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal information, contact us at https://theuppercrustpizzeria.com/contact/ or reach out to our customer support.
ORDERS FOR PRODUCTS AND SERVICES.
This section applies to any online orders you place using the Services. Please read this section before you send any orders to restaurants using our Services.
Ordering System. You may submit your pickup, curbside or delivery order (“Order”) online to participating restaurants through the catering platforms linked from our Sites or within our Apps (“Ordering System”). You acknowledge that the availability of our Ordering System is dependent on your Internet connection. You further acknowledge that the images of products and packaging displayed in our Ordering System may be different from the product or packaging you receive from participating restaurants, due to your device’s display, ingredients used and lighting. When you use our Ordering System, you submit orders directly to a participating restaurant and the contract for supplying the products will be between you and the Upper Crust restaurant that accepts your order. The restaurant that delivered the products to you or you collect your products from is responsible for preparing the products and providing them to you.
Prices and Orders. You acknowledge that: (i) the prices for menu or other items displayed in our Ordering System may differ among participating restaurants due to taxes and fees required by local law; and (ii) participating restaurants reserve the right to change such prices at any time, at its discretion. You may be asked to supply certain information prior to us accepting or processing your Order, including but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your delivery address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct, and complete. By submitting such information, you grant us the right to use or provide the information to third parties for purposes of facilitating the completion of Orders or providing our Services to you. You agree to pay in full the prices for any Orders you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Upper Crust. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to: product or Service availability; errors in the description or price of the product or Service; error in your Orders; or if fraud or an unauthorized or illegal transaction is suspected. Furthermore, we reserve the right to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us.
Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. If you desire to seek a refund for any reason, please contact us at https://theuppercrustpizzeria.com/contact/ Upper Crust has no obligation to provide refunds, but may grant them at our sole discretion.
PROHIBITED USE OF OUR SERVICES.
While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You are prohibited to, or assist any other persons to: (i) use the Services to send or post harassing, abusive, or threatening messages; (ii) soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempt to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy; (iv) disrupt the normal flow of the Services, including any dialogue on the Services or otherwise act in a manner that negatively affects other participants; (v) transmit through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable; (vi) use the Services or any Content or User Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people; (vii) post or generate User Content or use the Services that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful; (viii) post or generate User Content or use the Services that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way; (ix) post or generate User Content or use the Services which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm; (x) post or generate User Content or use the Services in such a way that damages the image or rights of Upper Crust, other users or third parties; (xi) send spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (xii) post or transmit executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism; (xiii) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Services or the Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of the Services; (xiv) attempt to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Services; (xv) use the Services (a) for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (b) to provide medical advice or medical results interpretation; or (c) generate Content or engage in Content Sharing used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily targeted use); or (xvi) intentionally or unintentionally perform or promote any activity that would violate any applicable local, provincial/state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing the Services.
PRIVACY.
Please read the Privacy Policy carefully to understand how we collect, use, and disclose personal information from our users.
THIRD-PARTY CONTENT AND LINKS.
Any information, statements, opinions, or other information provided by third parties and made available on our Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statements, or other third-party Content on our Services. We may provide on the Services, solely as a convenience to users, links to websites, social media widgets, or other third-party websites that are not owned or controlled by Upper Crust. A description or link to such third-party services does not imply our endorsement of the third-party service. We have no control over, and assume no responsibility for, the Content, Privacy Policies, or practices of any third-party websites. In addition, Upper Crust will not and cannot censor or edit the Content of any third-party site. By using our Services, you expressly relieve Upper Crust from any and all liability arising from your use of any third-party website. You agree that your use of third-party websites, applications, sites, and resources, including without limitation your use of any Content, information, data, advertising, products, or other materials on or available through such third parties, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
SOCIAL MEDIA INTEGRATION.
We may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third-party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
OUR INTELLECTUAL PROPERTY RIGHTS
Content. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Service (“Content”) are protected intellectual property of, or used with permission or under license by Upper Crust and/or its licensors. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Service, copyrighted and protected as a collective work. All intellectual property rights associated with the Service, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Service. Any rights not expressly granted herein are reserved and retained by Upper Crust and its affiliates, parents, and subsidiaries.
License Granted by Upper Crust. Subject to your compliance with these Terms, Upper Crust offers you a limited, non-exclusive, non-transferable, non-sub licensable license to access the Services and to access, download, and make personal and non-commercial use of Content available on through the Services. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any reason any part of the Services for any commercial purpose without the express written consent of Upper Crust. You may only use the Services and Content as permitted by law. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact; (2) use such Content pursuant to any licenses associated with such Content; (3) not copy or post such Content on any networked computer or broadcast it in any media; (4) make no modifications to any such Content; and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by Upper Crust, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Service or the Content. Upper Crust reserves the right to refuse Services, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.
CONTENT SUBMITTED BY YOU
User Content. Some of our services are designed to allow you publish or transmit through our Services information or content (“User Content”). You retain ownership of all User Content you submit, post, display, or otherwise make available via the Services. You agree, represent and warrant that you have all rights necessary to submit the User Content. You shall not upload, post, or otherwise make available on or through our Services any User Content protected by copyright, trademark, or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
License Granted by You. By submitting, displaying, posting, publishing or uploading any User Content, including information, text, graphics or other materials, using the Services, you grant Upper Crust and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (“Licensed Parties”) a non-exclusive, fully-paid, royalty-free, irrevocable, transferable, perpetual, worldwide, fully sublicensable and unrestricted right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from, distribute, and/or otherwise use such User Content in any manner to be determined in the Licensed Parties’ sole discretion, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter, and/or edit your User Content in any manner in their sole discretion. You will not receive any compensation of any kind for the use of User Content. You also grant to other users of the Services a non-exclusive, fully-paid, royalty-free, and perpetual license to access your Content during the course of their use of the Services as authorized herein. In addition, You grant Upper Crust a non-exclusive license to use any User Content for research or academic purposes, where Upper Crust may redistribute, publish, or cause the publication of anonymized copies of User Content in research papers or academic papers. This license you grant to Upper Crust lasts for as long as User Content is protected by intellectual property rights. Content in violation of these Terms may be removed without notice.
DISCLAIMER OF WARRANTIES. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES, INCLUDING CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET USERS’ OR CUSTOMERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UPPER CRUST ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF, OR FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, UPPER CRUST AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SERVICES, OR IN CORRESPONDENCE WITH UPPER CRUST OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES ARE PROVIDED BY UPPER CRUST “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND UPPER CRUST OR ITS LICENSORS OR SUPPLIERS.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE, BY YOUR US2.E OF THE SERVICES: (1) THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES; AND (3) THAT UPPER CRUST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF UPPER CRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL UPPER CRUST TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED TEN DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UPPER CRUST, AND ITS AFFILIATES’, AGENTS’, LICENSORS’, AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNITY. You agree to defend, indemnify, and hold Upper Crust and its directors, officers, employees, agents, or service providers harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Services; or (iii) the User Content or other information you provide to us through the Services. Upper Crust reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Upper Crust’ defense of such claim.
DISPUTE, ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
1. Initial Resolution. We are available at https://theuppercrustpizzeria.com/contact/ or by mail to UC New England, LLC at 683 Tremont St, Boston, MA 02118, to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. For users of the Services that reside in North America, if we do not reach an agreed upon solution within a period of sixty (60) days from the time informal Dispute resolution is pursued pursuant to Section 14(a) above, then either you or we may initiate binding arbitration. Except for any Disputes excluded below in Section 13(d), all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in Suffolk County, Massachusetts, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal courts located in Essex County, Massachusetts. You or Upper Crust may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. In any arbitration before JAMS, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
3. Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You and we each further agree to waive our respective right to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.
4. Exceptions. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief (i) in a small claims court for Disputes or claims within the scope of that court’s jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.
5. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.
6. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt-out by emailing us at https://theuppercrustpizzeria.com/contact/ with “Arbitration Opt-Out” in the Subject Line. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of these Terms; otherwise, you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.
7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Essex County, Massachusetts (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
COPYRIGHT INFRINGEMENT NOTICES. It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please contact us at https://theuppercrustpizzeria.com/contact/ and include the following:
Identify the copyrighted work that you claim has been infringed;
Identify the material or link on our Services that you claim is infringing your copyrighted work;
Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Upper Crust or others.
TERMINATION. The Services and these Terms are in effect until terminated by you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on our Services, including in your User Account. You may terminate these Terms by providing written notice of termination to us, including your detailed contact information and any User Account information using the method listed in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your User Account upon request. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use that Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Service after termination will be a violation of this section, which survives any termination. The provisions of these Terms concerning protection of intellectual property rights, prohibited use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
MISCELLANEOUS
1. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
2. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Upper Crust without restriction.
3. Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.
Notices and Electronic Communications. When you visit our Services, or send e-mails or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text message, push notifications services or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
NOTICE TO CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Services is UC New England, LLC at 683 Tremont St, Boston, MA 02118. To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to the above address or contact Upper Crust via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
CHANGES TO THESE TERMS. We reserve the right to modify these Terms at any time without prior notice, at our sole discretion. We will use reasonable efforts to notify you of such changes. However, it is your responsibility to check the “Last Updated” legend at the top of this page periodically to see when these Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this web page unless otherwise noted. If we modify these Terms materially, to the extent permissible under applicable law, such modification will be effective upon the earlier of (i) your first use of the Services with actual notice of such change, (ii) 30 days from the posting of such change. We may send you notice of the amended Terms in our sole discretion, and the manner of the notification may include, for example, email, posted notice on the Sites or Apps, or another reasonable manner. Your continued access and use of the Services following any such change constitutes your acceptance to be bound by the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to it. Since our Services are evolving over time, we may also change or discontinue all or any part of the Services, at any time and without notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the Dispute arose. “Disputes” means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.
CONTACT US. If you have any questions about these Terms, your account or an order you have placed through the Service, please contact us at https://theuppercrustpizzeria.com/contact/ or mail to UC New England, LLC at 683 Tremont St, Boston, MA 02118.