PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
By accessing this web site ("the Site"), you are agreeing to be bound by these Terms and Conditions of Use and all applicable laws and regulations, and you agree that you are responsible for compliance with all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
Proper Use of our Site
You may not use our Site for any purpose that is unlawful or prohibited by this agreement, or cause damage on or through our Site. You promise that none of your communications with or through the Site will violate any 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.
Users and Accounts
In order to participate in certain areas of our Site, you will need to register for an account. In creating an account, you agree to:
- Create only one account;
- Provide accurate, truthful, current and complete information;
- Keep your information updated and accurate;
- Protect your password and access to your account;
- Notify Au Bon Pain if you discover or otherwise suspect that the security of your account has been compromised or breached; and
- Take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account.
Permission is granted to browse through the Site and occasionally download a copy of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not use the materials for any commercial purpose, or for any public display (commercial or non-commercial). You must keep intact all copyright, trademark and other notices contained in your personal copies, and you may not remove any copyright or other proprietary notations from the materials. 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 of our intellectual property or the site itself. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Au Bon Pain at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on our Site are provided "as is". Au Bon Pain makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Au Bon Pain does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.
Limitation of Liability
To the fullest extent allowed by applicable law, in no event shall Au Bon Pain, its officers, directors, employees, shareholders or agents, and any others involved in creating the Site and its contents be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive or other damages arising from the use or inability to use the materials on the Site, even if Au Bon Pain or an Au Bon Pain authorized representative has been notified orally or in writing of the possibility of such damage. This includes but is not limited to damages or injury caused by error, omission, interruption, defect, failure or performance, unauthorized use of this Site, line failure, computer virus, or other harmful component. In no event shall Au Bon Pain's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site. Because some jurisdictions, including New Jersey, do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You and Au Bon Pain agree that any claim, dispute or controversy arising out of, relating to or concerning the Site and / or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Boston, Massachusetts, USA. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any dispute. A claim under New Jersey Truth-in-Consumer Contract, Warranty and Notice Act is just one example of the type of claim subject to arbitration under this agreement. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Au Bon Pain agree that any judicial proceeding will be brought in the federal or state courts of Suffolk County Massachusetts. Both you and Au Bon Pain consent to venue and personal jurisdiction there.
You agree to defend, indemnify and hold harmless Au Bon Pain, its affiliates, franchisees, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any user content or ideas you provide; (c) your violation of these Terms and Conditions of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
Revisions and Errors
The materials appearing on our Site could include technical, typographical, or photographic errors. Au Bon Pain does not warrant that any of the materials on its Site are accurate, complete, or current. Au Bon Pain may make changes to the materials contained on its Site at any time without notice. Au Bon Pain does not, however, make any commitment to update the materials.
You may be able to navigate away from our Site to other web sites which are linked to ours. Those web sites are not under our control. We are not responsible for the accuracy or reliability of the information on such linked web sites and we cannot vouch for the data, opinions, advice or statements made there. Even if we visit those web sites, we cannot be responsible for updating or correcting false or misleading information on any third-party web site. Further, we are not responsible for the goods or services that may be offered on other web sites. The inclusion of any link does not imply endorsement by Au Bon Pain of the Site. Use of any such linked web site is at the user's own risk.
All remarks, suggestions, ideas, graphics, or other information communicated to us through this Site (together, the "Submission") will forever be the property of Au Bon Pain. Au Bon Pain will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Au Bon Pain operations. Any material you submit to this site will be deemed a grant of a royalty free non-exclusive right, license, and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.
Modifications to Site Terms and Conditions
We may revise these Terms and Conditions of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to our Site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction and venue of the courts of the Commonwealth of Massachusetts for any legal proceeding involving the Site, regardless of who initiated the proceeding.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Au Bon Pain may allow you to purchase stored value cards (“AuBonCards”) through the Site. Please refer to the AuBonCard Terms and Conditions for more information about the terms, conditions and policies that apply to your purchase and use of AuBonCards.
Au Bon Pain EClub
You can enroll in the Au Bon Pain EClub ("EClub") via our Site to receive emails with the latest news and offers. The term "Member" as used below refers to a guest who creates an EClub profile by providing their name, username, password, valid email address, zip code of their primary residence and date of birth. Eligibility for Program participation includes only those United States residents who are over 18 years of age. Eligible guests are responsible for keeping their EClub profile information, e.g., email address, up-to-date to ensure they receive EClub news, offers, and coupons as outlined in these terms and conditions. We are not responsible for any EClub news, reward-earning opportunity, or coupon delivery sent to an incorrect or incomplete address if that address is the address for the enrolled Member at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, or illegible mailings. We reserve the right to correct and not honor errors made in our communications with you. From time to time Au Bon Pain may make special offers available to Members. These special offers may have specific terms and conditions outlined in the offer. Enrollment in the EClub does not guarantee receipt of EClub news and offers, or guarantee participation in any promotional offer. EClub terms and conditions are subject to change or termination without notice. Continued participation in the EClub constitutes acceptance of the then-current terms and conditions.
Certain materials on the Site describe and refer to the Au Bon Pain franchise system. They do not constitute an offering for the sale of a franchise. Such offering is only commenced in accordance with the Federal Trade Commission Rules and various state laws regulating the sale of franchise opportunities. You may use the Site for the purpose of learning about the Au Bon Pain franchise system. If you are interested in pursuing a relationship with us as a prospective franchisee, you may submit a Franchising Information Request.
Copyright and Trademark
Unless otherwise noted, all materials on this Site (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trademarks and/or other intellectual properties owned by Au Bon Pain or by other parties that have licensed their material to Au Bon Pain. Additionally, the Site itself is protected by copyright as a collective work and/or compilation. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Au Bon Pain.
Certain activities provided via the website may be covered by U.S. Patent 6,585,516.