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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
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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.
6. 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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