Our Terms of Use policy was last updated on October 16, 2003.
Welcome to the web site ("Site") of Mariposa Bread LLC, Franchisee of Panera Bread Company ("Panera Bread," "we" or "us"), www.panerabread.com, www.panera.com and the co-branded sites linked to therein (collectively, the "Site" or "Web Site"). We have set out below certain terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.
Our Business Structure
PANERA BREAD bakery-cafes are owned and operated either by Panera Bread Company directly or by an independent franchisee. Panera Bread licenses independent franchisees to provide PANERA BREAD products and services to the public. This Site is presented by Mariposa Bread LLC under the direction of Panera Bread Company. This Terms and Conditions statement applies only to this Site, not to the separate web sites of PANERA BREAD or its franchisees
Our Intellectual Property
The PANERA BREAD® and OPERATION DOUGH-NATION® name, design, logos and related marks are registered trademarks/service marks of Panera Bread Company, Inc., or its wholly-owned subsidiaries. Fresh Bread Makes Friends™ and A Loaf of Bread in Every Arm™ are trademark(s)/service mark(s) of Panera Bread Company, Inc., or its wholly-owned subsidiaries. All rights reserved.
Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software - collectively, the "intellectual property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Panera Bread or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Panera Bread.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree to defend, indemnify and hold Panera Bread, its affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Co-Branded Areas of This Site
Your correspondence or business dealings with, or purchase of products or services from, the companies (such as Gift Check Solutions) that operate our co-branded web sites linked to this Site or web pages found on this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such company. You agree that Panera Bread shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of a co-branded offer on this Site.
Disclaimer of Warranty and Limitation of Liability
Panera Bread does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PANERA BREAD AND ITS FRANCHISEES MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT. UNDER NO CIRCUMSTANCES WILL PANERA BREAD, ITS FRANCHISEES, AFFILIATES, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED PANERA BREAD IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
PANERA BREAD, ITS FRANCHISEES, SUPPLIERS AND SERVICES PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT PANERA BREAD ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. PANERA BREAD UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING RELEVANT FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Panera Bread's aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
Links to Other Sites
Our Site may provide links to web sites not operated by Panera Bread. Access to any other sites linked to this Site is at your own risk. Such links do not imply Panera Bread's endorsement of material on any other site, and Panera Bread assumes no responsibility for third-party web sites. For example, Panera Bread does not vouch for the accuracy or reliability of the information on third-party web sites, even if someone from our company is quoted or leaves a comment. Further, we are not responsible for the goods or services offered online by third-parties. Although Panera Bread may open a new browser window when you click on a link to a third party's site, we do not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site. Unless otherwise set forth in a written agreement between you and Panera Bread, you may link your web site to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to Panera Bread's Site must be a text only link and clearly marked "Panera Bread Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Panera Bread's names and trademarks, (iii) the link must "point" to the URL www.panerabread.com or www.panera.com and not to other pages within the Panera Bread Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Panera Bread, (v) when selected by a user, the link must display the Panera Bread Site on full-screen and not within a "frame" on the linking Site, and (vi) Panera Bread reserves the right to revoke its consent to the link at any time and in its sole discretion.
Forward-Looking Statements
The statements in this Site regarding our business which are not historical facts constitute "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements are subject to risks and uncertainties that could cause our actual operating results to differ materially. Such risks and uncertainties include management challenges resulting from our growth, our dependence on a number of significant clients, the sensitivity of our business to general economic conditions and the highly competitive markets in which we operate. For a discussion of some of the important risks and uncertainties that could cause our actual results to differ materially from those in these forward-looking statements, see the "Risk Factors" section in our Form 10-K for the year ended December 31, 2000 filed with the SEC on March 13, 2001.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Feedback and Submissions
Except as described in this Site's Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. If any court determines that Panera Bread does not retain exclusive ownership of any such material, information, or ideas, then Panera Bread retains a non-exclusive license to use them.
Employment Opportunities
Mariposa Bread LLC is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Mariposa Bread LLC encourages all qualified applicants to apply.
Panera Violations and Additional Terms
Panera Bread reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.
Certain products or services offered by this Site, and certain areas within this Site, may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products, services or areas. You must agree to these Additional Terms before using those products, services or areas. The Additional Terms and this Terms and Conditions statement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions, the Additional Terms control.
Privacy and Children's Information
Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an adult.
No Waiver
No delay or failure by Panera Bread to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by Panera Bread nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of Panera Bread shall have any legal effect.
Severability
If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
This English-language Terms and Conditions statement is Panera Bread's official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
© Panera Bread Company, 2003. PANERA BREAD® name, design, logos and related marks are registered trademarks of Panera Bread Company, Inc., or its wholly-owned subsidiaries. All rights reserved.
