PART ONE: DOUGHNINI CARD GENERAL TERMS

About Your Account; My Panini Purchases Only.
The Doughnini Card is issued to you by My Panini. It allows you to load a dollar value on to your Doughnini Card for future purchases at participating My Panini stores. The dollar value that you load onto your Doughnini Card is a pre-payment only for the goods and services of My Panini restaurants. No credit card, credit line, overdraft protection, or deposit account is associated with a Doughnini Card. Unless otherwise required by law or permitted by this agreement, any amount on your Doughnini Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to a Doughnini Card will accrue or be paid or credited to you by My Panini. The value associated with the Doughnini Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
We reserve the right not to accept any Doughnini Card or otherwise limit use of a Doughnini Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Loading Value on Your Card. You can load a dollar (US$) value on the Doughnini Card by using a credit card, debit card or cash by visiting any participating store, or going online to http://www.BestPanini/card/. You may not load more than $200 worth of value to your Doughnini Card. The minimum amount that must be loaded onto your Doughnini Card is $5.00.
My Panini may change the maximum and minimum amounts at any time by notifying you at the point of sale or on the My Panini web site, and such change shall not constitute an amendment to this agreement.
To make reloading your Doughnini Card easier, you can use our Automatic Reload feature. By linking a credit card or debit card to your Doughnini Card, you can reload a dollar value onto your Doughnini Card whenever you like. To set up Automatic Reload, go online to http://www.BestPanini/card/. Simply set up the reload date or the balance at which you want to reload in your preferences profile and then provide us with payment information. Your credit card or debit card will be billed according to the schedule and amount you have selected. We will send you an email after each Automatic Reload purchase to let you know your Doughnini Card has been loaded. You can change your preferences at any time, but changes may take up to 24 hours to go into effect. To discontinue your Automatic Reload feature, you must visit HYPERLINK "http://www.BestPanini/card/" www.BestPanini/card/ disable the feature within 24 hours of the next scheduled reload. Once the dollar value is loaded, the transaction cannot be reversed.

Fees and Expiration of Card Balances. My Panini does not charge any fees for the issuance, activation, or use of your Doughnini Card and your Doughnini Card has no expiration date.

Receipts and Statements. Cardholders are not sent statements of itemized transactions from a Doughnini Card account. You can check the balance of your Doughnini Card or review recent transactions on your Doughnini Card at our web site at http://www.BestPanini/card/. You will need to have your Doughnini Card available in order to access your account. The account balance for a Doughnini Card also will appear on your receipt from a point-of-sale register. When you use your Doughnini Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Doughnini Card and will provide the remaining balance of your Doughnini Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.

Billing Errors, Corrections. We reserve the right to correct the balance of your Doughnini Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Doughnini Card, please call our customer service department at 404-91-PANINI. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.

Registration; Liability for Unauthorized Transactions. Because your Doughnini Card is used like cash for purchases from My Panini, you are responsible for all transactions associated with your Doughnini Card, including unauthorized transactions. However, if your Doughnini Card is lost, stolen, or destroyed, the Card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us. To register your Card, please visit our web site at http://www.BestPanini/card/. Please notify us immediately if you change any of your registration information. If your Doughnini Card becomes lost, stolen or damaged, you should contact us immediately call 404-91-PANINI. Your Doughnini Card balance is only protected from the point in time you notify us that your Doughnini Card is missing. We will freeze the remaining balance on your Doughnini Card at the time you notify us and will load that remaining balance on a replacement Doughnini Card.

PART TWO: IMPORTANT LEGAL TERMS

Privacy Statement. For information concerning how we collect, use and disclose information concerning the Doughnini Card and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement at http://www.BestPanini/site/privacy.htm.

Changes to This Agreement. We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Doughnini Card, we will notify you of any change, addition or deletion by email. In addition, we will post the terms to the modified agreement on our web site at http://www.BestPanini.com/. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Doughnini Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Doughnini Card after such notice period. If you do not accept the changes, additions or deletions, your Doughnini Card will be cancelled and any amounts remaining on your Doughnini Card will be refunded to you.

Cancellation of This Agreement. We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Doughnini Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Doughnini Card account less any amounts that you may owe us. In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.

Arbitration Rights. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Doughnini Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at http://www.adr.org/. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Seattle, Washington, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Costs of Arbitration. All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability. MY PANINI AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOUGHNINI CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. MY PANINI DOES NOT REPRESENT OR WARRANT THAT YOUR DOUGHNINI CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IN THE EVENT THAT MY PANINI OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR DOUGHNINI CARD. MY PANINI AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MY PANINI OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A DOUGHNINI CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Assignment. We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement; Construction. This agreement is the complete and exclusive statement of agreement between you and My Panini, LLC, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Inquiries or Questions. If you have any questions regarding this agreement or your Doughnini Card, please visit our web site at http://www.BestPanini.com/, or call us at 404-91-PANINI

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT MY PANINI 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 MY PANINI.

COPYRIGHT AND TRADEMARK. Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by My Panini and/or its subsidiaries and affiliates or by other parties that have licensed their material to My Panini.
All rights not expressly granted are reserved.

PERSONAL USE. Your use of the materials included on this site is for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless My Panini for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to My Panini and that in the event of an unauthorized use, My Panini shall be entitled to an injunction in addition to any other remedies available at law or in equity.

FEEDBACK AND SUBMISSIONS. You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
While we appreciate your interest in My Panini, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, 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 so-called "moral rights" have been waived.

PRODUCT SALES AND AVAILABILITY. All products displayed on this site will be delivered only within the United States. All prices displayed on the site are quoted in U.S. Dollars (US$) and are valid and effective only in the United States. My Panini reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.

LINKS. Some links on the site will allow you to connect with sites that are not under our control. My Panini is providing these links only as a convenience. The appearance of a link does not imply My Panini endorsement, nor is My Panini responsible for the contents of any linked site. You access them at your own risk.

PRIVACY & SECURITY. For an explanation of My Panini practices and policies related to the collection, use and storage of our online guests' information, please read our Privacy Statement. For information about the security of your ordering information and credit card number while shopping on BestPanini.com, please refer to Privacy & Security FAQs.

DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR PRODUCTS, ALL CONTENTS OF THE SITE ARE OFFERED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESSED OR IMPLIED. MY PANINI MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
My Panini does not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if My Panini is aware of them.

MINORS. My Panini asks that parents supervise their children while online. No information should be posted by minor children without parental consent.

JURISDICTIONAL. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the State of Washington. My Panini makes no representation that materials in this site are appropriate or available for use in other locations. 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.