Stored Value Solutions THE PANERA CARD® Website Terms of Use

Stored Value Solutions, a division of Comdata Inc. ("SVS") provides certain payment processing and gift card administration services to Bakery Cafe Cards, LLC, an affiliate of Panera, LLC , (collectively with Panera and its affiliates, "Panera"). SVS operates the web site www.paneracards.com (the "Site") whereby you may purchase Panera Bread®Gift Cards (“Panera Cards”).

By accessing the Site, you ("User") agree in your individual capacity and on behalf of any entity you may represent that the User has read and agrees to all of the following terms and conditions:

  1. Intellectual Property Ownership As between User and SVS, to the extent such elements are not owned by Panera, SVS is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property rights or intangible assets recognized under any laws or international conventions. SVS may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice or liability to User. PANERA, PANERA BREAD and PANERA CARD are all registered trademarks of Panera and are used by SVS with permission.
  2. Limited License to Use Materials Provided on the Site SVS grants User a limited license to use the materials made available on the Site only for User's personal use in connection with User's use of the Site. The materials on the Site shall not be used for any commercial or competitive purposes whatsoever. User acknowledges that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of SVS and/or Panera. SVS, in its sole discretion, may revoke this license at any time without prior notice to User and without liability.
  3. User Conduct As a condition of use of the Site, User represents and warrants that User shall not use the Site for any purpose that is unlawful or prohibited by these terms of use. User agrees to abide by all applicable local, state, national and international laws and regulations and User shall be solely responsible and liable for all acts or omissions that occur while User or any agent of User accesses the Site. By ways of example, and not as a limitation, User agrees:
  • Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
  • Not to interfere with or disrupt the Site networks or servers;
  • Not to delete any legal notices, disclaimers or proprietary notices;
  • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means; or
  • Not to interfere with SVS or another authorized party's use and enjoyment of the Site.
  • Not to use any credit card other than their own personal card to make purchases on the Site. Fraudulent activity will not be tolerated.

SVS has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, SVS reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of SVS, Panera and/or any franchisee(s) of Panera. User shall immediately notify SVS of any breach of these terms of use by User.

  1. Links to Third Party Web Sites SVS may provide reference or hyperlinks to third party Web sites as a convenience to Users of the Site, or the Site may be linked to by third-party Web sites. SVS does not control third party Web sites and is not responsible for the contents of any referenced or linked-to third party Web sites, or any hyperlink in a linked-to site or the content or use thereof.
  2. Indemnification User shall indemnify, defend and hold SVS, Panera, franchisees of Panera and their respective or contracted service provider and each of their affiliates, officers, directors, employees, shareholders, members and agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys' fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these terms of use by User and User's use of the Site or information provided by the Site.
  3. Disclaimer THE SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SVS, FOR ITSELF AND ON BEHALF OF PANERA AND ITS FRANCHISEES, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER SVS, PANERA NOR ANY FRANCHISEE OF PANERA MAKES ANY WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION SUPPLIED. NEITHER SVS, PANERA NOR ANY FRANCHISEE OF PANERA WARRANTS THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE OR VIRUS FREE. USER USES THE SITE AND ALL SITE INFORMATION AT USER'S OWN RISK.
  4. Limitation of Liability IN NO EVENT SHALL SVS, PANERA, OR ANY FRANCHISEE OF PANERA, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR FOR INFORMATION CONTAINED THEREIN, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SVS, PANERA OR ANY FRANCHISEE OF PANERA, OR ANY OF THEIR CONTRACTED SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS, UNDER THESE TERMS OF USE, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED IN THE AGGREGATE ONE HUNDRED ($100.00) DOLLARS.
  5. Copyright Infringement Notice Pursuant to Title 17, United States Code, 512(c)(2), notifications of claimed copyright infringement must be sent to the service provider's Designated Agent. SVS' Designated Agent email is svsecommerce@storedvalue.com.
  6. Privacy Policy All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  7. Online Purchases and Other Terms and Condition. All purchases through our Site or other transactions for the sale of goods,/or services formed through the Site or as a result of visits made by you are governed by Panera’s Terms of Sale, which are hereby incorporated into these Terms of Use.
  8. Geographic Restrictions. The owner of the Site is based in the United States. This Site is provided for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  9. Force Majeure Neither SVS, nor any of their contracted service providers, shall be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.
  10. Jurisdiction and Governing Law These terms of use shall be construed, governed and enforced under the laws of the United States and the Commonwealth of Kentucky (without regard to rules governing conflict of laws). User agrees that venue for all actions, relating in any manner to these terms of use, shall be in a federal or state court of competent jurisdiction located in Louisville, Kentucky. Each party hereby consents and submits to the in personal jurisdiction of such courts, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
  11. Severability If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these terms of use will continue in full force and effect.
  12. Waiver No waiver of any breach of a provision of these terms of use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
  13. Modifications SVS may modify these terms of use at any time, at its discretion, and modifications are effective upon being posted on the Site. User is responsible for reviewing these terms of use to ensure that User is aware of any changes made to these terms of use.

Last Update: January 2015.

Copyright 2015 Stored Value Solutions, a division of Comdata Inc. All Rights Reserved.