Our Terms of Use policy was last updated on August,
2003.
Panera Bread of the Triad Terms of Use
Welcome to the web site ("Site") of Panera Bread of the Triad owned and
operated by Show Me Bread, Inc.("Panera Bread of the Triad",
"Show Me Bread", "we" or "us"), www.panera-nctriad.com ( 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 Panera Bread of Central Missouri,
an independent franchisee.. This Terms and Conditions statement applies
only to this Site, not to the separate web sites of PANERA BREAD franchisees.
Panera Bread assumes no responsibility for the online content or behavior
of our franchisees or their compliance with applicable law, including
the posting of illegal or unsuitable content or unlawful or inappropriate
online conduct. If you have questions or concerns about the web site of
a PANERA BREAD franchisee, please contact that franchisee directly. If
you need assistance reaching a franchisee, please contact us at webmaster@panerabread.com
in the For More Information section below.
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, Show Me 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 or Show Me 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 and Show Me 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 and Show Me 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 and Show Me Bread do 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
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 we and Panera Bread does not retain exclusive
ownership of any such material, information, or ideas, then we and Panera
Bread retains a non-exclusive license to use them.
Employment Opportunities
Show Me Bread and Panera Bread are 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. Show Me Bread encourages all qualified
applicants to apply. Panera Bread does not assume responsibility for the
hiring practices of PANERA BREAD® franchisees.
Violations and Additional Terms
Show Me Bread and 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 [link to 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 Show Me Bread and 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.
Governing Law and Jurisdiction
The Panera Bread of Central Missouri Site is operated by Show Me Bread,
Inc.. The laws of the State of N. Carolina shall govern these Terms and
Conditions, without reference to its choice of law rules. Panera Bread
of the Triad makes no representation that the information in the Site
is appropriate or available for use in other locations, and access to
thePanera Bread of the Triad Site from territories where the content of
the Panera Bread of the Triad Site may be illegal is prohibited. Those
who choose to access the Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
These Terms and Conditions and all policies and documents incorporated
herein by reference constitute the entire agreement between Panera Bread
of the Triad and you with respect to the subject matter herein.
These Terms and Conditions and any disputes arising under or related to
these Terms and Conditions and/or the Privacy Policy or to this Site will
be governed by U.S. federal law and the laws of the State of N. Carolina,
without reference to its conflict of law principles. Any such dispute
shall be resolved exclusively in the state or federal courts in N. Carolina,
where we have our headquarters. You agree to submit to the personal jurisdiction
and venue of the courts of the State of N. Carolina for any legal proceeding
involving the Site, regardless of who initiated the proceeding.
This English-language Terms and Conditions statement is Panera Bread of
the Triad'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.
For More Information
If you have any questions regarding our Terms and Conditions statement,
please contact us by sending an email to emcgarrett@yahoo.com
or writing to us at 2209 Cloverdale Ave. Winston-Salem, NC 27103.
© 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.
