Terms of Use

EFFECTIVE DATE: March 26, 2013

Welcome to the web sites of Paradise Bakery & Cafe, Inc. ("Paradise”, “Paradise Bakery & Cafe”, “we” or “us”), www.paradisebakery.com and any other authorized sites, services and tools where these terms and conditions appear (the “Site”). Set out below are certain terms and conditions for use of this Site. You agree to be bound by these terms if you use this Site. If you do not agree with this Terms of Use statement (“Statement”), the Privacy Policy and/or any of the applicable Program terms, do not use this Site and do not participate in the Programs. Please note that not all of the features/functionality described are available on or through each portion of the Site.  Be sure to check this page periodically for updates, as your continued use of this Site and/or participation in any of the Programs signifies your acceptance of any changed items.

Our Business Structure You know us as Paradise Bakery & Cafe. We are wholly owned by Panera Bread Company, a Nasdaq listed company (Nasdaq: PNRA).  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 contactus@paradisebakery.com 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 — 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.

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 Paradise, 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 Paradise, its supplier(s) or any of its franchisees.

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. 

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.

Co-Branded/Third Party Provider Websites Your correspondence or business dealings with, or use or purchase of products or services from, the companies that operate our co-branded and/or third party provider 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 and subject to the terms of use and privacy policy provided by such third party. You agree that Paradise 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 and/or third party provider offer of products or services on this Site or your use or purchase of any such product or service. Paradise assumes no responsibility for third-party web sites, including but not limited to any content contained on such 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 at contactus@paradisebakery.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.

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 both apply. Privacy Please see this Site’s Privacy Policy and applicable Program terms for information about information collected about you and how it is used.

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.  Certain areas of this Site are available to persons at least thirteen years of age.  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 contactus@paradisebakery.com, 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.

This Statement and any disputes arising under or related to this Statement and/or the Privacy Policy, any Program terms, this Site will be governed by United States federal law and the laws of the State of Missouri, United States, 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, United States, where our parent company has its headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of Missouri, United States, for any legal proceeding involving this Site, this Statement, the Privacy Policy and/or any Program terms, regardless of who initiated the proceeding.
Miscellaneous

  • Email submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.
  • No delay or failure by Paradise to enforce any of this Statement shall constitute a waiver of any of our rights under this Statement. Neither the receipt of any funds by Paradise nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Statement. Only a specific, written waiver signed by an authorized representative of Paradise shall have any legal effect.
  • If any clause or provision set forth in this 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.
  • You may not transfer any of your rights or obligations under this Statement, in any way.  All of our rights and obligations under this Statement are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
  • Please note that the headings contained in this Statement 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 this Statement.
  • This English-language Terms of Use statement, and the corresponding English-language Privacy Policy and Program terms are Paradise's official statement of its online terms of use, privacy practices and Program terms. In case of any inconsistency between the English-language Terms of Use statement, Privacy Policy or Program terms and its translation into another language, this English-language version controls.

For More Information If you have any questions regarding this Statement, please contact us by sending an email to contactus@paradisebakery.com or writing to us at Customer Service, Paradise, 8541 E. Anderson Drive, Ste. 105, Scottsdale, AZ 85255.

© 2012 Paradise Bakery & Cafe, Inc. All Rights Reserved.
Notice of Copyright Infringement Claims Paradise 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, 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, Paradise Bakery & Cafe, c/o Panera Bread, 3630 S. Geyer Road, Suite 100, St. Louis, MO 63127
Tel: (314) 984-1000
Fax: (314) 909-3300
Email: patrice.mcinnis@panerabread.com