UPDATED EFFECTIVE DATE: February 13, 2014
Our Business Structure
You know us as Panera, Panera Bread or Saint Louis Bread Co. Our operating company in the United States is Panera, LLC, which is wholly owned by Panera Bread Company, a Nasdaq listed company (Nasdaq: PNRA). Our operating company in Canada is Panera Bread ULC. Some cafes of our affiliate Paradise Bakery & Café, Inc. operate as Panera Bread bakery-cafes. Throughout this Statement and this Site we will make reference to Panera Bread, Company, we or us, which shall refer to Panera Bread Company, Panera, LLC, Panera Bread ULC, Paradise Bakery & Cafe, Inc. and/or one or more of any their affiliated companies, as the case may be.
Panera Bread and Saint Louis Bread Co. bakery-cafes ("bakery-cafes") are owned and operated either by the Company or by an independent franchisee licensed by us. We may allow Panera Bread franchisees to operate web sites separately from this Site if they choose to do so. We may also allow Panera Bread 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 Panera Bread franchisees or any other website of Panera Bread not identified as part of this Site. 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 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 online or by writing to us at the address identified in the For More Information section below.
Panera 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 and to Panera, 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
PANERA, SAINT LOUIS BREAD CO., PANERA BREAD, the Mother Bread logo, MYPANERA, YOU PICK TWO, PINK RIBBON BAGEL and other marks and logos are the intellectual property of Panera Bread. PARADISE BAKERY & CAFE, PARADISE BAKERY and other marks and logos are the intellectual property of Paradise Bakery & Café, Inc. 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 — 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, its 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.
Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Panera Bread, its supplier(s), or any third party. This Site is provided free of charge and unless specifically otherwise identified is for informational purposes only and, unless specifically otherwise identified, does not create a business or professional services relationship between you and Panera Bread, its supplier(s) or any of its franchisees.
Except as otherwise described, you may browse through this Site and occasionally download small amounts of Panera-owned content appearing on this Site that are of personal interest to you for personal, non-commercial use. We may also provide you with access to third party functionality that allows you to post certain content from this Site to your social media account(s). You must keep intact all copyright, trademark and other notices. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically, however you can disseminate specific content to the extent specifically allowed through any provided third party functionality that allows you to post content from this Site to your social media account(s). 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, distribute, publish, enter into a database, display, 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-Panera-owned content may not be used without permission. Any downloading, republication, retransmission, reproduction or other use of photographs as a stand-alone file, whether for non-commercial purposes or otherwise, without our permission is prohibited. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site, except with our written permission in each instance. You may not use any such automated means to manipulate the Site or attempt to exceed the limited rights granted to you to access the Site under this Statement or disrupt the Site.
Proper Use of This Site
This Site is made available to provide information about Panera Bread, Panera Bread bakery-cafes in both the United States and Canada, and certain marketing and other programs and services offered by Panera ("Programs"). However, certain of the information made available on this Site applies only to certain/participating Panera Bread bakery-cafes in the United States and to operations within the United States. For example, except as otherwise specifically identified, information made available on this Site regarding menu items, menu item availability and nutritional information is made available only with respect to Panera Bread menu items in the United States. Information and forms available on the Franchise Information section of this Site are applicable only to prospective franchisees in the United States. Press information available on this Site is only intended for media seeking information about our operations within the United States. For your convenience, we have identified some of these areas with specific references, however not all portions of this Site applicable only to bakery-cafes in the United States have been so identified. If you have any questions about Panera Bread bakery-cafes in Canada or menu items or information applicable to operations within Canada, please visit a Panera Bread bakery-cafe in Canada or Contact Us online.
You may not use this Site (i) for any purpose that violates any applicable local, state, national, international or other law or prohibited by this Statement, or cause damage on or through this Site, (ii) in a manner which infringes upon the rights of any third party or contains defamatory, libelous, abusive or obscene material, (iii) to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. In addition to other suppliers, this Site is supported by services provided by Google. By using this Site, You are agreeing to comply with all terms and notices, and such other terms and notices, as Google may provide, including without limitation as identified at the following links:
You agree to defend, indemnify and hold Panera Bread, its franchisees and supplier(s) and each of their respective employees, officers, directors 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.
There are no fees charged by Panera to use this Site, however there may be data usage or other like fees owed to your mobile carrier, and you are responsible for payment of any items purchased through this Site.
Co-Branded/Third Party Provider Websites
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 online or by writing to us at the address identified in the For More Information section below.
Panera may make available to you the ability to order from our bakery-cafes or other locations online only at participating locations. For locations which do not currently participate in online ordering, you can still place orders for pick-up, catering and delivery (where delivery services are available) by calling the location near you. These terms apply only to orders placed through this Site. Prices will be identified as you place your order. Minimum order amounts may apply. Any applicable delivery fees, cancellation fees, taxes and other amounts due in connection your order will be identified at the time you place your order. There may be limits on the dollar values and number of orders which may be placed on this Site. You are responsible for payment of your order, in advance, by credit card (or other payment option made available on this Site) at the time of ordering. We use a third party provider to process credit card payments. You may have the ability to choose to have your credit card associated with your account. This will be done by means of tokens, not your actual credit card number. The bakery-cafe or other location identified when you place your order is responsible for fulfilling your order and for any questions/communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified on this Site. This Site may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind. Refunds, if any, of amounts paid for cancelled catering orders will be identified at the time of cancellation. Please contact the bakery-cafe responsible for fulfilling your order directly to identify amounts due. Additional details about online ordering services are available in the applicable FAQ section of the Site. You may be able to use your MyPanera member card (or sign up for MyPanera) in connection with certain online ordering services, and if you use or sign up for or use your MyPanera member card in connection with your online order, the online ordering service will work in conjunction with the MyPanera Program, in which case the MyPanera Program terms will also apply.
Product Sales, Availability and Nutritional and Other Information
Unless otherwise specifically identified, products described and/or displayed on this Site are available only within participating locations in the United States. Panera may discontinue or change specifications on products described and/or displayed on this Site from time to time without prior notice. Unless otherwise specifically identified, nutritional and other information provided on this Site applies only to menu items made available in participating bakery-cafes in the United States. Nutritional and other information related to menu items available at Panera Bread bakery-cafes in Canada, New Mexico or Arizona may be obtained at Panera Bread bakery-cafes in Canada, New Mexico or Arizona by Contacting Us online or on www.paneracatering.ca.
PANERA IS NOT A PROPONENT OF ANY EATING LIFESTYLE OR DIET AND DOES NOT PROVIDE MEDICAL ADVICE.
By referencing or providing information about any particular eating lifestyle or diet choice, Panera is not making any specific representations or specific claims about the eating lifestyle or diet or the specific benefits or results of following any eating lifestyle or diet, nor does Panera endorse any particular eating lifestyle or diet. Any information provided by Panera is for general informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Panera does not provide specific nutritional advice, for clinical conditions or otherwise, and is not engaged in providing medical services. Please consult with your physician, registered dietitian or other health professional if you have questions or concerns about your health, diet and/or specific nutrient needs.
Panera Cares Community Cafes
Panera Cares community cafes are made available by Panera Bread Foundation, Inc. Information about these locations is made available on this Site for your convenience. Note that the menu items, nutrition, services and other Panera Cares Community Cafe-specific information may differ from the information provided on this Site.
Program Terms and Accounts
Panera may discontinue, or change from time to time, any Program or service, including any Program terms, without prior notice. Please see full Program terms and/or FAQs for each Program or service for additional terms applicable to that Program or service. If you join a Program or set up an account for a service, Panera may also make account(s) for other services or Programs available to you. Some Program options are only available if you utilize corresponding program features. Some Programs or services require that you set up a user profile or other similar account with Panera. When you set up an account under any Program or service, you may be required to choose a user name and password. All information provided by you must be complete and accurate. If your information changes, you should promptly update your user profile. If you use the same user name and password for different accounts, the account information from the various Programs or services may be combined. If you make a change in your account information for one Program or service there may be an automatic corresponding change to your account information for another Program or service. Your Program member card(s), account(s), username(s) and password(s) are for your personal use only. You may have the ability to choose to have your credit card associated with your account(s). This will be done by means of tokens, not your actual credit card number. You are responsible for maintaining the confidentiality of your Program member card(s), account(s), username(s) and password(s), and you are responsible for all activities that occur under your Program member card(s), account(s), username(s) and/or password(s). If you believe your account(s) have been compromised, please immediately Contact Us, and take immediate action to remove the credit card information associated with your account(s). Neither Panera nor any franchisee or supplier is responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account(s), or for use of your Program member card(s), reward(s), if any, issued under any Program, account(s), username(s) or password(s) without your permission. Panera does not represent or warrant that the Program member cards will always be accessible or accepted.
The MyPanera Program
Scheduling of Events at Panera Bread bakery-cafes
This portion of this Site may allow you to schedule certain events at certain Panera Bread bakery-cafes. By using this feature you warrant that you are submitting accurate information and that your event will be appropriate for a family-friendly environment. Panera does not guaranty that any request for any particular location/date/time will be fulfilled, and all scheduled events are subject to cancellation at Panera’s discretion, including without limitation in the event of an emergency, or if you fail to comply with any of the terms of this Statement. If Panera creates any supporting materials for your use in connection with the scheduled event, you are fully responsible for ensuring that you use such materials in compliance with all applicable laws, including without limitation online solicitation laws and the CAN-SPAM Act.
Disclaimer of Warranty and Limitation of Liability
Panera Bread 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 FRANCHISEE, SUPPLIER OR THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE, AND ALL PROGRAMS AND SERVICES, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PANERA BREAD AND ITS FRANCHISEES AND SUPPLIERS, ANY SUPPLIER OF ANY PROGRAM, SERVICE OR WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE AND/OR THEIR CONTENTS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND INSUREDS (COLLECTIVELY, "PANERA 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, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL ANY PANERA 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 OR ANY PROGRAM OR SERVICE (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY UNAUTHORIZED ACCESS TO, ALTERATION , THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER CARD(S) OR ACCOUNT(S), ERROR, OMISSION, INTERRUPTION, DEFECT, ACCIDENT, MISUSE OR FRAUDULENCE, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, USE OR LOSS OF 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, LOSS OF PROFIT, REVENUE OR USE) OR ARISING IN ANYWAY CONNECTION WITH THIS SITE, ITS FEATURES AND/OR CONTENT, WHETHER IN CONTRACT WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, EVEN IF SUCH PANERA PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
THE PANERA 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 OR THROUGH 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. PANERA BREAD 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, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING RELEVANT FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
Applicable law may not allow the limitation or exclusion of certain warranties or the limitation or exclusion of certain damages. Accordingly, some of the above limitations or exclusions may not apply to you and you may have rights in addition to those contained herein. However, in no event shall the aggregate liability of any Panera Party to you or any third party for damages, losses, and causes of action exceed your actual and direct damages, or $100, whichever is less, and in any event the liability of any Panera Party is limited to the greatest extent permitted by law. 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 Panera Bread. For example, portions of certain Programs are administered and/or performed by suppliers of Panera Bread. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, Panera Bread's association, sponsorship, affiliation or endorsement of material on any other site, and Panera Bread assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, Panera Bread 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 our Company is quoted or leaves a comment or our marketing or other materials make reference to that party’s site. Panera shall not be responsible or liable for any loss or damage of any sort incurred as a result of dealing with or as a result of the links to such third-party web sites. Your use of any such sites is subject to the terms and privacy policies identified on such sites. 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 Panera Bread, you may link your web site to the home page of www.panerabread.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 "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 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 Panera Bread, (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) Panera Bread reserves the right to revoke its consent to the link at any time and in its sole discretion.
We may also provide you with access to third party functionality that allows you to post certain content from this Site to your social media account(s). These services are governed by the terms of the applicable third party site.
Matters discussed on this Site relating to future events or our future performance, including any discussion, express or implied, on our anticipated growth, operating results, plans, objectives, and future earnings per share, contain 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 often identified by the words "believe", "positioned", "estimate", "project", "target", "plan", "goal", "assumption", "continue", "intend", "expect", "future", "anticipate", and other similar expressions, whether in the negative or the affirmative, that are not statements of historical fact. These forward looking statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Our actual results and timing of certain events could differ materially from those anticipated in these forward-looking statements as a result of certain factors, including, but not limited to, those set forth under the "Risk Factors" section in our most recent Form 10-K, and our quarterly reports on Form 10-Q(s), and in our other public filings with the Securities and Exchange Commission. It is routine for internal projections and expectations to change as the year or each quarter in the year progresses, and therefore it should be clearly understood that all forward-looking statements and the internal projections and beliefs upon which we base our expectations included on this Site are made only as of the date made and may change. While we may elect to update forward-looking statements at some point in the future, we expressly disclaim any obligation to update any forward-looking statements whether as a result of new information, future events or otherwise.
Feedback and Submissions
Panera Bread 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. Panera Bread encourages all qualified applicants to apply. Panera Bread does not assume responsibility for the hiring practices of Panera Bread's franchisees.
Panera Bread 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 Panera Bread's sole discretion, actual or suspected unauthorized or fraudulent use of any Program or any member card or account or your actual or suspected failure to comply with any of the terms of this Statement or any applicable Program terms. Panera Bread also reserves the right to seek all other remedies available at law and in equity for violations of any of the terms of this Statement and/or any applicable Program terms. 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.
Certain areas within this Site, may be governed by Program terms or other additional terms and conditions presented in conjunction with those areas. By using such areas, you are subject to any such Program terms and additional terms. The Program terms, additional terms and this Statement all apply.
Visitors Outside of the United States
This Site is operated by or for Panera Bread and is maintained on servers located in the United States. Panera Bread 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 Panera Bread and you with respect to the subject matter herein.
Governing Law and Jurisdiction
For More Information
If you have any questions regarding this Statement, please Contact Us online or write to us at: Customer Service, Panera Bread, 3630 S. Geyer Road, Suite 100, St. Louis, MO 63127.
Notice of Copyright Infringement Claims
Panera is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user and remove or modify any content on this Site in our discretion. If you believe you have a copyright infringement claim resulting from material posted on this Site, you may notify us by providing the following information to our designated agent (Copyright Complaint/Legal, Panera Bread, 3630 S. Geyer Road, Suite 100, St. Louis, MO 63127, Tel: (314) 984-1000, Fax: (314) 909-3300, Email: CopyrightComplaint@panerabread.com), as required by 17 U.S.C. § 512: 1. physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow us to locate the material; 4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address; 5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. It is our policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.