Terms of Use
The companies of the Del Monte Foods family welcome you to our websites. We
hope you find the information in our websites informative, helpful and fun. For
convenience, references to "Del Monte" in this Legal Statement refer to all
member companies of the Del Monte Foods family, and references to the "Site"
refer to any and all of the Del Monte websites.
We have developed this Legal Statement to clearly set forth the terms and
conditions applicable to the Site and the use of the information contained in
the Site. By accessing, browsing or otherwise using the Site, you accept,
without limitation or qualification, and agree to abide by, the terms &
conditions set forth in this Legal Statement (the "Terms and Conditions") and
all applicable laws.
Terms and Conditions
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The Site was created to be informative, useful, educational and fun.
Accordingly, we will permit you to display, download or photocopy material
displayed or otherwise published on the Site for your non-commercial and
personal use, provided that our trademark, copyright and other proprietary
notices are prominently displayed on such materials. However, you may not
copy, display, distribute, modify, publish, reuse, re-post, reproduce, sell,
transmit, or otherwise use such material for public or commercial purposes
without the express written consent of Del Monte. Nor may such material
be used in the creation of any other publications, on-line services, or web
sites, without the express written consent of Del Monte.
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You should assume that all of the images, text, audio, or other contents
displayed or otherwise published on the Site (basically anything you see, read
or hear on it) is copyrighted by Del Monte and may only be used in the manner
provided for in these Terms and Conditions. In addition, the Site
contains a number of names, logos, tradenames, trademarks, service marks and
other intellectual property which are the property of Del Monte and may not be
used for any purpose without Del Monte's express written consent.
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Although we have tried to provide you with accurate and updated information in
the Site, we cannot be certain that all such information is free of errors or
omissions. As a result we cannot make any representations or warranties
as to the accuracy, adequacy, completeness, usefulness, or completeness of the
materials on the Site. Without limiting the foregoing, everything on the
Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FURTHER, DEL MONTE DOES NOT WARRANT THAT THE SITE OR THE SERVERS THAT MAKE IT
AVAILABLE ARE FREE OF COMPUTER "VIRUSES" OR OTHER HARMFUL COMPONENTS.
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IN NO EVENT SHALL DEL MONTE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF DEL MONTE HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, BASED ON YOUR USE
OF THE SITE OR ANY INFORMATION CONTAINED IN THE SITE.
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You agree to indemnify, defend, and hold harmless Del Monte, its officers,
directors, employees, agents, and each such party's successors and assigns,
from and against all actions, claims, damages, demands, expenses (including
reasonable attorneys' fees), liabilities, losses and suits arising from or
relating to any violation of these Terms and Conditions.
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The materials contained in the Site were developed to keep you informed about
the Del Monte family and its products. Unfortunately, some of the
products may not be available to you because of the manner or locations in
which the products are distributed. As a result, we cannot make any claim
that the information in the Site is appropriate in any jurisdiction or that the
products described in the Site are available for purchase in all
jurisdictions. Furthermore, the Site is operated from the United States,
and some of the software that may be downloaded from the site could be subject
to governmental export control or other restrictions. If you download any
software, you represent and warrant that you are not subject to any such
restrictions.
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We reserve the right to interrupt or discontinue any or all functionality of
the Site, or any portion thereof, for any reason whatsoever and at any
time. We also reserve the right to change, alter or improve the Site, or
any portion thereof, and any of the materials contained in the Site, or any
portion thereof, at any time without notice.
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In general, you should not consider any material, communications or information
you transmit to the Site to be confidential or proprietary. Any such
transmissions will be treated in accordance with our Privacy Policy.
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While we welcome your comments and feedback (through e-mail, regular mail or
over the telephone) with respect to the Site or any of our products, please
note that we are not seeking any unsolicited ideas, suggestions or materials
related to the development, design, manufacture or marketing of our
products. We have been in this business for over 100 years and have
discovered that most ideas have either been thought of already or we have
employees working on the same or similar ideas already. We realize that
this may seem unfair, but it is really intended to avoid confusion about the
ownership of new ideas and concepts and to help protect you. If you send
us any proposed ideas or other such information, you must understand that it
will be treated as non-proprietary and non-confidential, and may be used by Del
Monte for any purpose whatsoever, commercial or otherwise, without
compensation.
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As you may have noticed, we have provided some links to other sites that we
thought might be of interest to you. Some of the sites are operated by
Del Monte and some are operated by companies that are unrelated to Del
Monte. Unfortunately, we have not reviewed all of the sites in great
detail, and cannot be responsible for the content presented on those sites
which are not operated by Del Monte. As a consequence, linking to any
non-Del Monte website is at your risk.
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If any provision of this agreement is unlawful, void or unenforceable, it will
not affect the validity and enforceability of any remaining provisions.
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Please note that we reserve the right to change the contents of this Legal
Statement, including without limitation any of the Terms and Conditions, at any
time in our sole discretion. You will be required to comply with any such
revisions and therefore should periodically visit this Legal Statement to
review the current Terms and Conditions to which you are bound.
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This statement sets forth the entire agreement regarding all of the matters
discussed in this statement.
Forward Looking Statements
This web site contains forward-looking statements. Statements that are not historical facts, including statements about Del Monte Foods' beliefs or expectations, are forward-looking statements. These statements are based on plans, estimates and projections at the time Del Monte Foods made the original statement, and you should not place undue reliance on them. The continued inclusion of any such statements on this web site is not a re-publication thereof. Del Monte Foods does not undertake to update any of these statements in light of new information or future events.
Forward-looking statements involve inherent risks and uncertainties and Del Monte cautions you that a number of important factors could cause actual results to differ materially from those contained in any such forward-looking statement. These factors include, among others: general economic and business conditions; cost and availability of inputs, commodities, ingredients and other raw materials, including without limitation, energy (including natural gas), fuel, packaging, grains (including corn), meat by-products (including fats and oils) and tuna; the accuracy of our assumptions regarding costs and other matters; our ability to increase prices and manage the price gap between our products and competing private label products, our ability to reduce costs; logistics and other transportation-related costs; our pet food and pet snacks recall, which began in March 2007, or other product recalls; our debt levels and ability to service and reduce our debt; reduced sales, disruptions, costs or other charges to earnings or expenses that may be generated by our strategic plan and transformation plan efforts; timely launch and market acceptance of new products; competition, including pricing and promotional spending levels by competitors; efforts to improve the performance and market share of our businesses; changes in U.S., foreign or local tax laws and effective rates; effectiveness of marketing and trade promotion programs; changing consumer and pet preferences; the loss of significant customers or a substantial reduction in orders from these customers or the bankruptcy of any such customer; availability, terms and deployment of capital; interest rate fluctuations; product liability claims and other litigation; reliance on third-parties, including co-packers, our broker and third-party distribution centers or managers; acquisitions, if any, including identification of appropriate targets and successful integration of any acquired businesses; weather conditions; crop yields; any acceleration of our departure from Terminal Island, CA; changes in, or the failure or inability to comply with, U.S., foreign and local governmental regulations, including environmental regulations and import/export regulations or duties; wage rates; industry trends, including changes in buying, inventory and other business practices by customers; public safety and health issues; and other factors referenced in this web site or Del Monte Foods' filings with the Securities and Exchange Commission.
Please see Del Monte Foods' filings with the Securities and Exchange Commission, including its most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q, for a discussion of important factors that could materially affect the future results of Del Monte Foods.
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