Our Terms of Use page was last updated on March 20,
2004.
Welcome to the web site ("Site") of Panera Bread of Ohio & Colorado,
owned and operated by Breads Of The World L.L.C. ("Panera Bread of
Ohio & Colorado", "Breads Of The World ", "we" or
"us"), www.panera-centralohio.com, (the "Site" or "Web
Site"). We have set out below certain terms and conditions for use
of this Site, which may be modified from time to time in our sole discretion
and without prior notice (“Terms and Conditions”). By accessing
or using this Site in any way, you agree to be bound by the most current
version of these Terms and Conditions at the time of any such access or
use.. 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 of Ohio & Colorado are owned and operated by Breads
Of The World L.L.C., an independent franchisee. Panera Bread Company, a
Delaware corporation, licenses independent franchisees to provide PANERA
BREAD products and services to the public. This Site is presented by Panera
Bread of Ohio & Colorado and Panera Bread assumes no responsibility for the
Site.
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/or 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, Breads of the World, 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. You may browse through the
Site and occasionally download a single copy of small amounts of materials
appearing on the Site that are of personal interest to you subject to the
following conditions: (i) the materials may be used solely for personal,
informational, internal, non-commercial purposes; (ii) the materials may
not be modified or altered in any way; (iii) the materials may not be distributed
or used for any public display; (iv) you may not remove any copyright or
other proprietary notices contained in the materials; decompile, reverse
engineer, or disassemble any software materials (v) Breads of the World
reserves the right to revoke the authorization to view, download, or print
the materials at any time and any such use shall be discontinued immediately
upon notice from Breads of the World and shall include the destruction of
any copies of the materials in your possession; (vi) the limited personal
right is in no way to be construed as a transfer of title or ownership interest
of any kind; and (vii). you may not reproduce or allow others to reproduce
your personal copies of downloaded materials, nor may you make them available
electronically. The limited right specified above is not applicable to the
design or layout of the Site, elements of which are protected by trade dress,
copyright, and other laws and, therefore, shall not be copied or imitated
by you in whole or in part Except as expressly set forth in this paragraph,
you may not copy, download, display, distribute, publish, enter into a database,
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 access or use this Site for any purpose that is unlawful or
prohibited by these Terms and Conditions, or may cause damage or injury
of any kind to anyone 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 shall not attempt to or use this Site to engage in any activity to gain
unauthorized access or use to any other account, service, network, system,
or computer. You agree to defend, indemnify and hold Panera Bread and Breads
of the World, their 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 these Terms and Conditions
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 Breads of the World 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
Neither Panera Bread nor Breads of the World guarantees 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 BREADS OF THE WORLD 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, BREADS OF THE WORLD, OTHER PANERA BREAD
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 ARISING OUT OR RELATING IN ANY WAY TO THE SITE OR ITS CONTENT OR
TO THESE TERMS AND CONDITIONS, (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 OR BREADS OF THE
WORLD IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. PANERA BREAD AND BREADS
OF THE WORLD AND THEIR RESPECTIVE SUPPLIERS AND SERVICE 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. YOU SHOULD NOT ASSUME THAT THE INFORMATION
PROVIDED IS UP TO DATE OR THAT THIS SITE CONTAINS ALL OF THE RELEVANT INFORMATION
AVAILABLE ABOUT OUR COMPANY. WE AND PANERA BREAD UNDERTAKE 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 the 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 us. Access to any
other sites linked to this Site is at your own risk and such sites are not
under the control of Breads Of The World. When you access such sites, you
do so at your own risk and Breads Of The World is not responsible for the
accuracy or reliability of any content on those sites or for any products
or services available on such sites or the quality thereof. The inclusion
of a link to any such sites from this Site is not an endorsement, authorization,
sponsorship, or affiliation with respect to such other sites, their owners,
providers, or operators. For example, neither Breads of the World nor Panera
Bread vouches 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.
It is your sole responsibility to determine when you have left this Site.
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 non-confidential and non-proprietary
material and information and you hereby 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 or Panera Bread does not retain
exclusive ownership of any such material, information, or ideas, then we
and Panera Bread retain a non-exclusive license to use them.
Violations and Additional Terms
Panera Bread reserves the right to seek all remedies available at law and
in equity for violations of these Terms and Conditions, 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.
Children’s Information
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 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 or Breads of the World nor the
reliance of any person on our actions shall be deemed to constitute a waiver
of any part of these Terms and Conditions.
Prohibited Use and Cooperation with Authorities and Courts
Breads Of The World reserves the right in its sole discretion to edit, remove
or refuse to post or transmit any materials or content that Breads of the
World, in its sole discretion, finds to be in violation of these Terms and
Conditions. Breads of the World will cooperate with legal authorities and
private parties investigating claims of illegal activity, including but
not limited to illegal transfer or use of copyrighted or other protected
material, postings or e-mail containing threats of violence, or other illegal
activity, or any activity that may give rise to civil liability. Breads
of the World's cooperation may include identification of you and other data
relating to the use of the Site. If such information is requested, you hereby
authorize Breads of the World to release any and all information that we
may release to legal authorities or to private parties, provided that we
use reasonable efforts to identify and provide you with notice of such request
(if permitted by law).
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 laws of the State of Missouri shall govern these Terms and Conditions,
without reference to its choice of law rules. We and Panera Bread make no
representation that the information in the Site is appropriate or available
for use in other locations, and access to the Site from territories where
the content of the 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 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 Missouri, without reference
to its conflict of law principles. Any such dispute shall be resolved exclusively
in the state or federal courts in Missouri. You agree to submit to the personal
jurisdiction and venue of the courts of the State of Missouri for any legal
proceeding involving the Site, regardless of who initiated the proceeding.
In case of any inconsistency between these English-language Terms and Conditions
and its translation into another language, this English-language document
shall control.
For More Information
f you have any questions regarding our Terms and Conditions statement, please
contact us by sending an email to info@panera-centralohio.com, or writing
to us at:
Breads Of The World, L.L.C.
2433 South Hanley
St. Louis, MO 63144.
PANERA BREAD® name, design, logos and related marks are registered trademarks
of Panera Bread Company, Inc., or its wholly-owned subsidiaries. All rights
reserved.
