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Terms & Conditions

Terms


Welcome to the Bruegger's Web Site (the "Site")! This Site is owned and operated by Bruegger's Enterprises, Inc., a Delaware corporation (the "Company"). Your access to and use of the Site is subject to the Terms and Conditions set forth in this Agreement.


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.


BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT.


IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE.


THE COMPANY MAY, FROM TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF THE SITE AFTER THE COMPANY MAKES SUCH CHANGES OR ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS.


Authorized Uses


The Company authorizes you to use this Site and to display its content but solely for your own personal noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any material at the Site, use of the Site, or access to the Site.


Proprietary Rights


Everything that appears on the Site is protected under the copyright laws of the United States and other countries and may not be used except as provided in these Terms and Conditions. The Company neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties.


Accounts, Security, Passwords


Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.


If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. We may, at our discretion, cancel or suspend any account and deactivate or delete any related information and/or files associated with the account or bar access to such information and/or files at any time without any notice or liability to you or any other person.


ONLINE ORDERING


We may make available to you the ability to order from our restaurant 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 location identified when you place your order is responsible for fulfilling your order and for any questions/communications regarding your order. The inclusion of any products or services on the Site at a particular time/location does not imply or warrant that these products or services will be available at any time and/or at every location. 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 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 location responsible for fulfilling your order directly to identify amounts due.


Each time you order you agree that we are authorized to charge your designated account for the applicable rate or price published on the Site.


YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION ON THE SITE.


Online orders are not binding on us. We may amend, adjust or cancel orders at any time in accordance with current pricing. Delivery may be conditioned on a minimum order, and delivery charges may vary by location.


COMPLETE AGREEMENT


These Terms and Conditions and the other provisions of this Site are the full and complete agreement between the Company and you for the use of and with respect to ordering products from this Site. The terms cannot be modified without our express written consent, but may be changed by our updating these terms and posting them on this Site.


Inaccuracies at the Site


While the Company uses reasonable efforts to include accurate and up to date information at the Site, the Company makes no warranties or representations as to the Site's accuracy. The Company disclaims any and all liability for the accuracy, completeness, correctness, or timeliness of such information.


Security at the Site


While the Company uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. The Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.


Disclaimers and Limitations


Neither the Company nor any other party involved in creating, producing, or delivering the Site makes any representations about the suitability of the content of this Site for any purpose, nor that your use of the Site will be uninterrupted or error-free. EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.


Neither the Company nor any other party involved in creating, producing, or delivering the Site assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site. Your use of and browsing in the Site are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING 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 the aggregate liability of Bruegger’s Enterprises, Inc., d/b/a Bruegger’s Bagels, its affiliates, and/or franchisees, 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 limitations) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.


Content Submitted or Made Available for Inclusion at the Site


Any unsolicited communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, the Company will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.


Images of People or Places


Images of people or places displayed on the Site are either the property of, or used with permission by, the Company. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


Trademark Information


The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.


Links


The Company has not reviewed any sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.


Conduct of Site Visitors


Although the Company may from time to time monitor or review postings, transmissions, and the like on the Site, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials. You further agree to indemnify and hold the Company, its affiliates, officers, directors, employees, agents, franchisees, and agents harmless from and against any actual or threatened claims, actions, demands, judgments, liabilities or settlements, including without limitation reasonable attorneys' fees and court costs, resulting from or alleged to be resulting from your use of this Site in a manner that violates or is alleged to violate this Agreement.


Notices


The Company may give notice to its users by means of a general notice on this Site, electronic mail to a user's e-mail address on its records, or by written communication sent by first class mail to a user's address on its records.


International Use


None of the products, content or underlying information or technology available at this Site may be downloaded or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods; or to anyone, or into any country, that would constitute illegal activity under the laws of the United States. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any list that would prohibit you from using this Site. You further agree to indemnify the Company against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.


Monitoring, Copying, Altering or Interfering With the Site


You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Company or the appropriate third party.


General Information


These terms and conditions shall be governed by and construed in accordance with the laws of the State of Vermont without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Chittenden County in the State of Vermont and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The headings of each of these Terms & Conditions are for convenience of reference only and shall be ignored in the interpretation or construction of any of these Terms & Conditions. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions sets forth the entire understanding and agreement between us with respect to the subject matter hereof.