By accessing and browsing any web site owned and/or operated byBumble Bee Foods, LLC (collectively the “Site”), you accept, withoutlimitation or qualification, the Legal Policy set forth in the followingTerms and Conditions, as well as any other law or regulation thatapplies to the Site, the Internet or the Worldwide Web.
Terms and Conditions
2. Content Ownership. The content or other materials on the Siteincluding, but not limited to, all text, audio, images and othermaterials or elements (collectively the “Content”) are owned andcopyrighted by Bumble Bee Foods, its licensors or others with all rightsreserved. You should assume that the Content is copyrighted and ownedby Bumble Bee Foods unless otherwise noted and you may not use theContent, except as provided in this Legal Policy, without the priorwritten 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 thetrademarks or service marks (registered or unregistered) of Bumble BeeFoods or its licensors unless otherwise stated herein. Bumble Bee Foodsand its licensors expressly reserve all intellectual property rights inall Content on the Site. No license is granted to you in connection withsuch Content contained on the Site.
In its sole discretion, Bumble Bee Foods or its licensors may seek toenforce their intellectual property rights to the fullest extent of thelaw, including the possibility of seeking criminal prosecution.
3. User Conduct. Bumble Bee Foods maintains the Site for yourpersonal entertainment, information, education, and communication onlyand grants you permission to use the Site and to download Content, butonly for noncommercial, personal use; provided, however, that you retainall 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 derivativeworks from, transfer, sell or otherwise use Content without the priorwritten permission of Bumble Bee Foods, and that you do not download oruse any images of people or places (“Images”) displayed on the Site forany purpose. The download or use of any such Images by you, or anyoneelse authorized by you, is prohibited unless specifically permitted bythe prior written authorization of Bumble Bee Foods. Any unauthorizeduse of such Images may violate copyright laws, trademark laws, the lawsof privacy and publicity, and related communications regulations andstatutes.
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 otherwiseobjectionable;
- Intentionally or unintentionally violate or encourage conduct thatwould 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 thecopyrighted, 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.
5. Links to Third Party Sites. The Site may contain links to otherInternet sites not under the ownership or editorial control of BumbleBee Foods. Such links are provided for your convenience only and are notexpress or implied warranties, endorsements or approvals by Bumble BeeFoods of any products, services, advice or information available fromsuch sites. Bumble Bee Foods does not warrant and specifically disclaimsany and all responsibility or liability for your use of such sites andyou hereby release Bumble Bee Foods and its subsidiaries, affiliates,officers, directors and agents from any and all such responsibility orliability for the same. If you establish a link to such sites, you do soat your own risk and without the permission of Bumble Bee Foods. Checkthe Uniform Resources Locator (“URL”) address provided in your WorldwideWeb browser to see if you are still in a Bumble Bee Foods Site or havemoved to another third-party site.
EXCLUSION OF LIABILITY. NEITHER BUMBLE BEE FOODS NOR ANY OF ITSSUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIRRESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THATACCOMPANY OR RESULT FROM YOUR USE OF ANY BUMBLE BEE FOODS SITE AND YOURUSE OF ANY BUMBLE BEE FOODS SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUTIS 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) ANYSITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE;ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION ORTRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING ORVIOLATION OF ANY BUMBLE BEE FOODS SITE BY ANY THIRD PARTY; OR ANYILLEGAL 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.
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.