Terms of Use

Terms and Conditions

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
12. 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.
13. 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 Company's beliefs or expectations, are forward-looking statements. These statements are based on plans, estimates and projections at the time Del Monte 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 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: cost and availability of inputs, commodities, ingredients and other raw materials, including without limitation, energy (including natural gas), fuel, packaging, tuna, grains (including corn), and meat by-products (including fats and oils); Del Monte's ability to increase prices and manage the price gap between its products and competing private label and branded products; Del Monte's ability to reduce costs; the accuracy of Del Monte's assumptions regarding costs; logistics and other transportation-related costs; Del Monte's debt levels and ability to service, reduce or refinance its debt and comply with covenants; timely launch and market acceptance of new products; competition, including pricing and promotional spending levels by competitors; effectiveness of marketing and trade promotion programs; reduced sales, disruptions, costs or other charges to earnings or expenses that may be generated by Del Monte's efforts to centralize all marketing functions or by its planned sale of its seafood business; the timing, proceeds and impact of Del Monte's planned sale of its seafood business (including the related expected operating services agreement and accounting for discontinued operations); transformative plans intended to improve the performance and market share of Del Monte's businesses; changing consumer and pet preferences; distribution; the loss of significant customers or a substantial reduction in orders from these customers or the bankruptcy of any such customer; industry trends, including changes in buying, inventory and other business practices by customers; interest rate fluctuations; hedging practices; weather conditions; crop yields; natural disasters; contaminated ingredients; recalls; product liability claims and other litigation; changes in U.S., foreign or local tax laws and effective rates; reliance on certain third-parties, including co-packers, Del Monte's broker and third-party distribution centers or managers; 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; any departure from Terminal Island, CA; acquisitions, if any, including identification of appropriate targets and successful integration of any acquired businesses; and other factors referenced in this web site or Del Monte Foods Company's filings with the Securities and Exchange Commission.

Please see Del Monte Foods Company's 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 Company.

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