Panera Bread Reclaim Dinnertime

Welcome to the Reclaim Dinnertime Web Site, sponsored by Panera Bread ("Panera Bread", “Company”, "we" or "us"), located at www.reclaimdinnertime.com (the "Site"). Your access to and use of this Site is subject to these terms of use (“Terms of Use”) which set forth the terms under which Panera Bread offers you access to the content and services of the Site. THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, AND FOR OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT AND SUFFICIENCY OF WHICH YOU ACKNOWLEDGE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree with these Terms of Use, do not use this Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.

Please note that the headings contained in these Terms of Use are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in the Terms of Use.

Our Business Structure / Intellectual Property

You know us as Panera or Panera Bread. Our operating company is Panera, LLC, which is wholly owned by Panera Bread Company, a Nasdaq listed company (Nasdaq: PNRA). Throughout this policy and this Site we will make reference to Panera Bread or the Company, which shall refer to Panera Bread Company, Panera, LLC and/or one or more of their affiliated companies, as the case may be.
PANERA, PANERA BREAD, the Mother Bread logo, CRISPANI, reclaimdinnertime.com and other marks and logos are the intellectual property of Panera Bread. All rights not expressly granted to you with respect to your use of the Site in these Terms of Use are reserved to Panera Bread.

Our 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 or the third party credited as the provider of the intellectual property. Additionally, the 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 or any third party. This Site is provided free of charge and for informational purposes only and does not create a business or professional services relationship between you and Panera Bread.

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, 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 or the Site itself.

If you have concerns about copyright violations, please see the Notice of Copyright Infringement Claims at the end of these Terms of Use.

Proper Use of Our Site

You may not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, 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 not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.

Any unauthorized use of the Site and the materials contained on the Site may subject you to penalties and damages, including, but not limited to, damages relating to the violation of trademarks, service marks, copyright policies, the laws of privacy and publicity, and certain civil and criminal statutes.

You agree to defend, indemnify and hold Panera Bread and its officers, directors, employees, franchisees, agents, licensors, business associates, third party licensors, suppliers and service providers and any others involved in creating the Site and its contents harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation use of the Site in a manner that violates or is alleged to violate these Terms of Use or any applicable law.

Disclaimer of Warranty and Limitation of Liability

YOUR USE OF ANY CONTENT ON THIS SITE IS AT YOUR OWN RISK. THIS SITE DOES NOT PURPORT TO OFFER ANY MEDICAL AND/OR NUTRITIONAL INFORMATION OR ADVICE OF ANY KIND. ANY INFORMATION OF ANY KIND THAT YOU OBTAIN BY USE OF THIS SITE OR PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE USED AT YOUR OWN SOLE 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 AND THIRD PARTY LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS 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, THIRD PARTY LICENSORS, SUPPLIERS, SERVICES PROVIDERS 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 PANERA BREAD HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

PANERA BREAD, ITS FRANCHISEES, THIRD PARTY LICENSORS, SUPPLIERS, SERVICES PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS 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. PANERA BREAD UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION ON THIS SITE.

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 or any franchisee’s, third party licensor’s, suppliers’ service providers’ or any other party involved in creating the Site and its contents’ 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, 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 web sites. 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.

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 the Site must be a text only link and clearly marked "Reclaim Dinnertime Web 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.reclaimdinnertime.com and not to other pages within the 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 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.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information and before participating in the Dinnertime Invitation process.

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, non-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.

Termination and Additional Terms

Panera Bread may terminate your access to the Site immediately without notice if, in Panera Bread’s sole discretion, you fail to comply with any of the terms of these Terms of Use. You may terminate this Agreement, immediately without notice to us, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site. The paragraphs entitled Our Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Termination and Additional Terms, and Governing Law and Jurisdiction shall survive termination of these Terms of Use for any reason.

Panera Bread reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, 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 these Terms of Use both apply. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, 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. 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. The Dinnertime Invitation is only intended to be sent to adults and children thirteen and older. With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years.
No Waiver

No delay or failure by Panera Bread or its Web development contractor or any other supplier to enforce any of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use. 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 of Use. 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 these Terms of Use 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 Site is operated by a commercial Web development contractor and other suppliers on behalf of Panera Bread. This Site is intended to be accessed and used only by residents of the United States. Panera Bread makes no representation that the information in the Site is appropriate or available for use in any particular location, and access to the Site from territories where the content of 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 of Use 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.

These Terms of Use and any disputes arising under or related to these Terms of Use and/or the Privacy Policy and/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 St. Louis County, Missouri, where we have our headquarters. 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.

These English-language Terms of Use are Panera Bread's official agreement with users of this Site. In case of any inconsistency between these English-language Terms of Use and their translation into another language, this English-language document shall control.

For More Information

If you have any questions regarding our Terms of Use, please contact us by sending an email to comments@reclaimdinnertime.com or writing to us at Panera Bread, 6710 Clayton Road, Richmond Heights, Missouri 63117.

LAST UPDATED AND EFFECTIVE DATE: October 18, 2006

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 our website in our discretion. If you believe you have a copyright infringement claim resulting from material posted on this website, you may notify us by providing the following information to our designated agent, as required by 17 U.S.C. § 512:
1. A 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.
Please provide your notification to our designated agent who may be contacted as follows:

Designated Agent: Patrice McInnis, Panera Bread
Address: 6710 Clayton Road, Richmond Heights, MO 63117
Telephone: 314-633-7100
Fax: 314-633-7200
E-mail: patrice.mcinnis@panerabread.com