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Legal Policy
By accessing and browsing any web site owned and/or operated
by Bumble Bee Foods, LLC (collectively the "Site"), you accept,
without limitation or qualification, the Legal Policy set forth
in the following Terms and Conditions, as well as any other
law or regulation that applies to the Site, the Internet or
the Worldwide Web.
Terms and Conditions
1. Acceptance of Terms of Use.
Bumble Bee Foods, LLC ("Bumble Bee Foods") provides you
with access to, and use of, the Site subject to all applicable
laws and regulations and this Legal Policy. By accessing and
using the Site you accept each of the Terms and Conditions of
this Legal Policy without limitation. If you do not accept each
of the Terms and Conditions contained in this Legal Policy without
limitation, please exit the Site. This Legal Policy supercedes
any other agreements you may have with Bumble Bee Foods regarding
this subject matter.
2. Content Ownership. The content
or other materials on the Site including, but not limited to,
all text, audio, images and other materials or elements (collectively
the "Content") are owned and copyrighted by Bumble Bee Foods,
its licensors or others with all rights reserved. You should
assume that the Content is copyrighted and owned by Bumble Bee
Foods unless otherwise noted and you may not use the Content,
except as provided in this Legal Policy, without the prior written
permission of Bumble Bee Foods.
All trademarks, trade names and logos and all related product
names, design marks and slogans which appear on the Site are
either the trademarks or service marks (registered or unregistered)
of Bumble Bee Foods or its licensors unless otherwise stated
herein. Bumble Bee Foods and its licensors expressly reserve
all intellectual property rights in all Content on the Site.
No license is granted to you in connection with such Content
contained on the Site.
In its sole discretion, Bumble Bee Foods or its licensors
may seek to enforce their intellectual property rights to the
fullest extent of the law, including the possibility of seeking
criminal prosecution.
3. User Conduct. Bumble Bee Foods
maintains the Site for your personal entertainment, information,
education, and communication only and grants you permission
to use the Site and to download Content, but only for noncommercial,
personal use; provided, however, that you retain all copyright
and other proprietary notices contained on the Content, that
you do not distribute, modify, copy (except as set forth above),
transmit, display, reuse, reproduce, publish, license, create
derivative works from, transfer, sell or otherwise use Content
without the prior written permission of Bumble Bee Foods,
and that you do not download or use any images of people or
places ("Images") displayed on the Site for any purpose. The
download or use of any such Images by you, or anyone else authorized
by you, is prohibited unless specifically permitted by the prior
written authorization of Bumble Bee Foods. Any unauthorized
use of such Images may violate copyright laws, trademark laws,
the laws of privacy and publicity, and related communications
regulations and statutes.
Additionally, you agree to not to engage in any of the following
activities on the Site:
- Upload, post or transmit any informational content that
is unlawful, threatening to another person or entity, infringing,
defamatory, false, misleading, abusive, harassing, libelous,
vulgar, obscene, pornographic, profane, invades the privacy
of another, or is otherwise objectionable;
- Intentionally or unintentionally violate or encourage
conduct that would be considered a violation of any local,
state or federal law, either civil or criminal;
- Impersonate another user, person or entity, including
any official or employee of Bumble Bee Foods;
- Upload, post or transmit any informational content that
is the copyrighted, patented or trademarked intellectual
property of another, or the trade secret of or confidential
information of another; and
- Use the Site to advertise or perform any commercial solicitation.
4. Privacy. Your use of the Site
is also subject to the Bumble Bee Foods Privacy Policy. Bumble
Bee Foods hereby incorporates the entirety of that Privacy
Policy into this Legal Policy.
5. Links to Third Party Sites.
The Site may contain links to other Internet sites not under
the ownership or editorial control of Bumble Bee Foods. Such
links are provided for your convenience only and are not express
or implied warranties, endorsements or approvals by Bumble Bee
Foods of any products, services, advice or information available
from such sites. Bumble Bee Foods does not warrant and specifically
disclaims any and all responsibility or liability for your use
of such sites and you hereby release Bumble Bee Foods and
its subsidiaries, affiliates, officers, directors and agents
from any and all such responsibility or liability for the same.
If you establish a link to such sites, you do so at your own
risk and without the permission of Bumble Bee Foods. Check
the Uniform Resources Locator ("URL") address provided in your
Worldwide Web browser to see if you are still in a Bumble Bee
Foods Site or have moved to another third-party site.
EXCLUSION OF LIABILITY. NEITHER
BUMBLE BEE FOODS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL
BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT
FROM YOUR USE OF ANY BUMBLE BEE FOODS SITE AND YOUR USE OF
ANY BUMBLE BEE FOODS SITE IS AT YOUR OWN RISK. THIS INCLUDES
(BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE
FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR
INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE;
FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT;
DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE;
INTRUSION, HACKING OR VIOLATION OF ANY BUMBLE BEE FOODS SITE
BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES.
BUMBLE BEE FOODS DOES NOT WARRANT THE SECURITY OF ANY INFORMATION
YOU TRANSMIT TO IT AT ANY BUMBLE BEE FOODS SITE.
BUMBLE BEE FOODS IS NOT LIABLE FOR ANY DAMAGES, INCLUDING
BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF
DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE,
BUMBLE BEE FOODS IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT
OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO
THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES.
BUMBLE BEE FOODS TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT
THAT YOU PAID TO ACCESS THE SITE.
7. DISCLAIMER. THE CONTENT OF
ANY BUMBLE BEE FOODS SITE IS PROVIDED "AS IS" AND BUMBLE
BEE FOODS DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT
FOR A PARTICULAR PURPOSE;
- THE CONTENT IS ERROR-FREE AND ACCURATE;
- THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL
BE UNINTERRUPTED OR ERROR-FREE; DEFECTS WILL BE CORRECTED;
- THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; SUCCESSFUL RESULTS
OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS,
DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
- THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
- THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION
BY THIRD PARTIES.
IN ADDITION TO THE ABOVE YOU (AND NOT BUMBLE BEE FOODS) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY
TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US
TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY
NOT APPLY TO YOU.
8. Export Control. Software and
other materials from the Site may be subject to United States
Export Control. The United State Export Control laws prohibit
the export of certain technical data and software to certain
territories. No software from the Site may be downloaded or
exported in violation of any such laws. Bumble Bee Foods
does not authorize the exportation of any software or technical
data from the Site to any jurisdiction prohibited by the United
States Export laws.
9. Cautionary Language Regarding Forward
Looking Information. The Site may contain statements,
estimates or projections that constitute, "forward-looking statements"
as defined under U.S. federal securities laws. Generally, the
words "believe," "expect," "intend," "estimate," "anticipate,"
"project," "will" and similar expressions identify forward-looking
statements, which generally are not historical in nature. Forward-looking
statements are subject to certain risks and uncertainties that
could cause actual results to differ materially from Bumble
Bee Foods' historical experience and its present expectations
or projections. These risks include, but are not limited to,
Bumble Bee Foods' ability to finance expansion or acquisition
plans, share repurchase programs and general operating activities;
changes in the applicable business environment, including actions
of competitors and changes in consumer preferences; regulatory
and legal changes; fluctuations in the cost and availability
of raw materials; interest rate and currency fluctuations; changes
in economic and political conditions; our ability to penetrate
developing and emerging markets; the effectiveness of our advertising
and marketing programs; litigation uncertainties; adverse weather
conditions; and other risks discussed in Bumble Bee Foods'
filings with the Securities and Exchange Commission (the "SEC"),
including its Annual Report on Form 10-K, which filings are
available from the SEC. You should not place undue reliance
on forward-looking statements, which speak only as of the date
they are made. Bumble Bee Foods undertakes no obligations
to publicly update or revise any forward-looking statements.
10. Revisions to the Terms. Bumble
Bee Foods may at any time, in its sole discretion and without
notice, revise or modify this Legal Policy or the Privacy Policy.
You are bound by any such revisions and should periodically
visit this Site to review the current Legal Policy and Privacy
Policy pages.
11. Content Submitted by Users.
Any communication or material you transmit to Bumble Bee Foods
at 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. Anything you
transmit or post may be used by Bumble Bee Foods or its subsidiaries
and affiliates for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast
and posting. Furthermore, Bumble Bee Foods is free to use
any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products using such information.
12. Health Related Information.
Information accessible on this Site is for information only
and is not intended to be a substitute for professional medical
advice. Bumble Bee Foods does not endorse or warrant the
validity of any such health related statements contained on
the Site or any such information contained in third party sites
referenced in the Site. Information is general in nature and
may be helpful to some persons but not others, depending upon
their personal medical needs. You should always consult with
your physician prior to changing or undertaking a new diet or
exercise program. Never disregard professional medical advice
or delay in seeking it because of something you have read on
the Site.
13. Site Security. Users are prohibited
from violating or attempting to violate the security of the
Site, including without limitation, (a) accessing data not intended
for such user or logging onto a server or an account which the
user is not authorized to access; (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting
a virus to the Site, overloading, flooding, spamming, mailbombing
or crashing; (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services; (e) forging any
TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting; (f) by using any device, software
or routine to interfere or attempt to interfere with the proper
working of the Site or any activity being conducted on the Site;
or (g) by using or attempting to use any engine, software, tool,
agent or other device or mechanism (including, without limitation
browsers, spiders, robots, avatars or intelligent agents) to
navigate or search the Site other than the search engine and
search agents available from Bumble Bee Foods on this Site
and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer). Violations of
system or network security may result in civil or criminal liability.
Bumble Bee Foods may investigate occurrences that potentially
involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved
in such violations.
14. Choice of Law. This Legal
Policy and your use of this Site is governed by the laws of
the State of Delaware in the United States of America, without
regard to its choice of law provisions.
15. General Terms. This Legal
Policy constitutes the entire agreement between you and Bumble
Bee Foods and governs your use of any Bumble Bee Foods
Site. The failure of Bumble Bee Foods to exercise or enforce
any right or provision of this Legal Policy shall not constitute
a wavier of any such right or provision. If any provision of
this Legal Policy is found by a court of competent jurisdiction
to be invalid then such provision shall be eliminated from the
Legal Policy and the surviving terms shall remain in full force
and effect. Any claims arising under this Legal Policy must
be brought within one (1) year after such claim or action or
action arose or be forever barred.
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