EFFECTIVE DATE: March 26, 2013
Our Business Structure You know us as Paradise Bakery & Cafe. We are wholly owned by Panera Bread Company, a Nasdaq listed company (Nasdaq: PNRA). Â Throughout this Statement and this Site we will make reference to Paradise, we or us, which shall refer to Paradise Bakery & Cafe and/or Panera Bread Company, and/or one or more of any their affiliated companies, as the case may be.
Paradise Bakery & Cafe bakery-cafes (“bakery-cafes”) are owned and operated either by Paradise or by an independent franchisee licensed by us. We may allow Paradise franchisees to operate web sites separately from this Site if they choose to do so. We may also allow Paradise franchisees to post on this Site certain information identified as posted by a franchisee. This Statement applies only to this Site, not to the separate web sites of Paradise franchisees or any other website of Paradise, Panera Bread Company or any of their affiliated companies not identified as part of this Site. Paradise 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 Paradise franchisee or any information posted by any franchisee on this Site, please contact that franchisee directly. If you need assistance reaching a franchisee, please contact us at firstname.lastname@example.org or by writing to us at the address identified in the for More Information section below.
Paradise uses service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate this Site, to provide other services in support of this Site, to create this Site and its content, and in support of Programs available through or described on this Site, and each is hereinafter singly and collectively referred to as a “supplier”.
Our Intellectual Property PARADISE BAKERY & Cafe, PARADISE BAKERY and other marks and logos are the intellectual property of Paradise. PANERA, PANERA BREAD, MOTHERBREAD LOGO, YOU PICK 2, FRONTEGA CHICKEN PANINI, BACON TURKEY BRAVO, and SMOKEHOUSE TURKEY PANINI are the intellectual property of Panera Bread and are used with permission. Other trademarks are the intellectual property of their respective owners.
This Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software â€” 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 Paradise, its affiliates, supplier(s) or the party credited as the provider of the intellectual property. Additionally, this 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 Paradise. You may browse through this Site and occasionally download small amounts of Paradise-owned content appearing on this 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 this Site. You may not attempt to alter or modify the content posted on this Site. 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 intellectual property on this Site, any software supporting this Site, or this Site itself. Non-Paradise-owned content may not be used without permission.
Proper Use of This Site This Site is made available to provide information about Paradise, Paradise bakery-cafes, and certain marketing and other programs offered by Paradise (“Programs”). However, certain of the information made available on this Site applies only to company owned Paradise bakery-cafes. For example, except as otherwise specifically identified, information made available on this Site regarding menu items, menu item availability, and nutritional information, if any, is made available only with respect to company owned bakery-cafes.Â
You may not use this Site for any purpose that is unlawful or prohibited by this Statement, or cause damage on or through this Site. You promise that none of your communications with or through this Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through this Site, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify and hold Paradise, its affiliates, franchisees, and supplier(s) and each of their respective officers, directors, employees and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of the foregoing statements.
Any content made available by a franchisee through any co-branded or third party provider website is the responsibility of the franchisee. If you need assistance reaching a franchisee, please contact us at email@example.com or by writing to us at the address identified in the For More Information section below.
Product Sales, Availability and Nutritional and Other Information All products described and/or displayed on this Site are available only within participating locations. Paradise may discontinue or change specifications on products described and/or displayed on this Site from time to time without prior notice. Nutritional and other information, if any, provided on this Site applies only to company-owned bakery-cafes.
Program Terms Paradise may discontinue, or change from time to time, any Program without prior notice. Please see full Program terms for each Program.
Disclaimer of Warranty and Limitation of Liability Paradise does not guarantee the accuracy of information found on this Site. Your reliance on information found on this Site is at your own risk.
THIS SITE, AND ALL ITS CONTENTS, AND EACH SUPPLIER WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PARADISE AND ITS FRANCHISEES AND SUPPLIERS, ANY SUPPLIER OF ANY WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE AND/OR THEIR CONTENTS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND INSUREDS (COLLECTIVELY, “PARADISE PARTIES”) 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 ANY PARADISE PARTY BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THIS SITE, ITS FEATURES AND/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 SUCH PARADISE PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
THE PARADISE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION 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. PARADISE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING OUR PARENT PANERA BREAD COMPANY, 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 of Paradise Party 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 less. You agree to bring any and all actions within one year (or any shorter period of time identified in any applicable statute of limitation) 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 This Site may provide links to co-branded, third party supplier sites in addition to other web sites not operated by Paradise. For example, portions of certain Programs are administered and/or performed by suppliers of Paradise. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, Paradise's association, sponsorship, affiliation or endorsement of material on any other site, and Paradise assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, Paradise does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party web sites, even if someone from Paradise is quoted or leaves a comment or our marketing or other materials make reference to that party’s site.
Although this Site 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 this Site. It is your responsibility to determine when you have left this Site.
Unless otherwise set forth in a written agreement between you and Paradise, you may link your web site to the home page of www.paradisebakery.com, provided that you adhere to the following linking policy: (i) any link to this Site must be a text only link and clearly marked "Paradise Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with names and trademarks of Paradise and/or its affilaites, (iii) the link must "point" to the URL www.paradisebakery.com and not to other pages within this 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 Paradise, (v) when selected by a user, the link must display this Site in a full browser window and not within a "frame" on the linking Site, and (vi) Paradise reserves the right to revoke its consent to the link at any time and in its sole discretion.
Additional Terms Paradise may terminate your access to this Site and/or participation in any Program, including without limitation suspending or blocking your access to this Site and/or any account you have created and/or any member cards issued to you, immediately without notice, for any reason, including without limitation, in Paradise's sole discretion, your actual or suspected failure to comply with any of the terms of this Statement or any applicable Program terms. We may, but are not obligated to, review, edit, or delete from this Site any submission which we, in our sole discretion, consider illegal, offensive or otherwise inappropriate. You may terminate this agreement, immediately without notice to us, at any time by discontinuing your use of this Site and any information you have obtained from this Site and participation in all applicable Programs. The paragraphs entitled Our Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Additional Terms, and Governing Law and Jurisdiction shall survive termination of this Statement for any reason.
Children's Information 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.Â Certain areas of this Site are available to persons at least thirteen years of age.Â When a user discloses personal information on this Site, the user is representing to us that he or she is the appropriate age for the portion of this Site, or if he or she is under the referenced age, that he or she is using this Site with the involvement of a parent or guardian. If a child under thirteen provided this Site with personally identifiable information, we ask that a parent or guardian email us at firstname.lastname@example.org, and we will promptly delete the child's information from our records.
Governing Law and Jurisdiction. Paradise makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of this Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Statement and all policies and documents incorporated herein by reference constitute the entire agreement between Paradise and you with respect to the subject matter herein.
For More Information If you have any questions regarding this Statement, please contact us by sending an email to email@example.com or writing to us at Customer Service, Paradise, 8541 E. Anderson Drive, Ste. 105, Scottsdale, AZ 85255.
Â© 2012 Paradise Bakery & Cafe, Inc. All Rights Reserved.
Please provide your notification to our designated agent who may be contacted as follows: