User’s Acknowledgment and Acceptance of Terms
This Site and various related services are owned and operated by Del Monte Fresh Produce Company (”DMFP”, “We”, or “Us”). You, the user, agree to comply with all the conditions, terms, and notices contained or referenced in these Terms, as well as any other written agreement between you and DMFP. Additionally, when using the materials or services on this site, users shall comply with any posted rules applicable to such materials or services that may contain terms and conditions, in addition to those in these Terms. All such rules or guidelines are hereby incorporated by reference into these Terms.
Del Monte Fresh Produce Company (“DMFP”) reserves the right, in its sole discretion, at any time, to change, delete, or add any provision in these Terms without notice to you. Nonetheless the effective date of these changes will be posted on the Site. DMFP reserves the sole right to either modify or discontinue the site, including but not limited to any of the Site features, at any time without notice to you. DMFP will not be liable to you or any third party should we exercise this right. Any new features that enlarge or enhance the then-current services on this site shall also be subject to these Terms.
By using this site, you recognize and agree that it is your responsibility, from time to time, to review this site and these Terms, and to familiarize yourself with any changes or modifications. Should you continue to use this site after such modifications, you recognize and agree to the modified Terms and agree to be bound and abide by the modified Terms.
Rules of Conduct
You must be 13 years of age or older in order to use this Site. IF YOU ARE NOT 13 YEARS OF AGE OR OLDER DO NOT USE THIS SITE. DMFP will not contact any individual under 13 years of age nor will DMFP collect their personal information. Should a minor need to be contacted, DMFP will only contact the minor’s legal guardian.
By use of this site, you agree to be subject to all applicable laws and regulations, including DMFP’s standards; you are solely responsible for the substance you communicate through this site. By posting information in or otherwise using any communications service, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
a. is unlawful, abusive, threatening, cyber-bullying, harassing, libelous, defamatory, fraudulent, deceptive, tortious, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our policies or rules;
b. tampers with this site or violates the Terms and/or general rules or guidelines of DMFP;
c. contains minors in material that is violent, pornographic, obscene, illegal, inappropriate, racially or morally offensive, or that does not meet DMFP’s standards for any reason, as determined by DMFP in their sole discretion;
d. harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of gender, religion, sexual orientation, ethnicity, race, age, or disability;
e. infringes upon any trademark, patent, copyright, trade secret, right of publicity, or other proprietary right of any party;
f. constitutes unsolicited or unauthorized advertising, spam email, chain letters, any other type of unauthorized solicitation, or any type of lottery or gambling;
g. contains viruses or any other computer code, programs, or files that are created or intended to damage, disrupt, or limit the functioning of any hardware, software, or telecommunications equipment or to harm or obtain unauthorized access to any data or other information of any third party; or
h. impersonates any individual or entity, including any of our employees or representatives.
i. disparages in any manner DMFP or its products and services, including, but not limited to, this Site.
We do not endorse and we do not assume any liability for the contents of any material submitted or uploaded by third party users of the site. We and our agents have the sole right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our site, or is otherwise objectionable, harmful, or inaccurate. We are not liable nor shall we be responsible for any delay or failure in removing such content. You consent to such removal and waive any claim against us arising out of such removal of content.
Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that at any time, in our sole discretion, we may terminate your account, or other affiliation with our site without prior notice to you for violating any of the above provisions. You also acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You acknowledge that this site may link you to other sites on the Internet or otherwise include references to documents, information, software, services and/or materials provided by other parties. Some people may find some of the material or information on these sites offensive or inappropriate. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
It is DMFP's policy NOT TO ACCEPT any unsolicited suggestions for product uses, improvements, new product ideas, marketing ideas, or recipes from outside the Company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.
You further agree to waive any and all rights that you may have, or may have had against DMFP or any of its agents, affiliates, employees or shareholders in connection with or arising out of the Submission and further covenant not to pursue any claim, action or proceeding of any kind or nature whatsoever against DMFP or any of its agents, employees affiliates, or shareholders in connection with, or arising out of, the Submission. By submitting the Submission, you further grant DMFP the right to use your name, image, likeness, voice and biographic materials, as well as the Submission for advertising, publicity and promotional purposes including, but not limited to, online announcements and postings, without additional compensation, unless prohibited by law.
Copyright, Trademark, and Intellectual Property
For purposes of these Terms, "Content" is defined as any information, data, communications, photos, video, software, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes but is not limited to: recipes, videos, nutrition tips, and other original content.
By accepting these Terms and using this site, you acknowledge and agree that all Content on this site is protected by copyrights, trademarks, patents, service marks, or other proprietary rights and laws, and is the sole property of DMFP and/or its Affiliates. You are only permitted to use the Content as expressly authorized by us or the specific content provider. Except that: (1) members of the news media are welcome to use a portion of this document in reviews or published news stories, provided the source of the information is credited as DMFP and includes the web site address (www.freshdelmonte.com); and (2) a single copy made for personal use only, provided that you maintain intact all copyright and other proprietary notices. You may not copy, modify, reproduce, republish, upload, transmit, post, or distribute any documents or information from this site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Any modification of the materials or any use of the materials for any other purpose is a violation of our copyright and other proprietary rights. The use of any such material on any other web site or networked computer is strictly prohibited. Furthermore, any creation of any hyperlink to this site without DMFP's permission is not permitted.
Neither we nor our Affiliates represent or warrant that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
The recipes, photographs and all information contained on this web site are copyrighted with all rights reserved. All documents published by DMFP are provided "as is" WITHOUT WARRANTY OF ANY KIND, either expressed or implied. Any Company document may include typographical, pictorial, technical or other inaccuracies. DMFP reserves the right to make improvements or changes to any matters contained in these documents, publications or materials without notice.
The following are registered trademarks, trademarks or service marks of DMFP or its Affiliates: The Del MonteÂ® and Del Monte GoldenÂ® and any other trademarks, bearing the Del Monte name, collectively referred to as the "Del Monte Marks", as well as displayed any other marks on this web site. All custom graphics, logos, icons, and service names are registered trademarks, trademarks or service marks of DMFP or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of DMFP or its Affiliates without the prior written consent of the Del Monte Corporation or such third party which may own the Marks.
Limitation of Liability
Your use of this Site is at your sole risk. Use of this Site constitutes your agreement to defend, indemnify, and hold harmless DMFP, their respective officers, directors, agents, respective parent companies, affiliates, and subsidiaries, from and against any and all claims, causes of action, liabilities, damages, losses, as well as costs and expenses (including attorneys’ fees) arising out of or resulting from your alleged violation and/or breach of these Terms, including misconduct or violations of law as a result of using this Site. DMFP has the right, at any time, in its sole discretion, to defend itself against any claim, all negotiations for settlement, and you agree to cooperate with DMFP in these defenses.
Furthermore in no event shall we or our Affiliates be liable to you or any third party for any punitive, special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, but not limited to, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or any web site referenced or linked to from this site.
In addition we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.
You agree to indemnify and hold DMFP, its officers, agents, partners, shareholders, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, arising out of your content, your use of the applications on this site, your violation of this notice, or your violation of any third party rights.
ALL SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE. USE OF THIS SITE AND THE MATERIALS ON THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site may represent the opinions of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized DMFP spokesperson speaking in his/her official capacity.
You acknowledge that temporary interruptions of the services available through this site may occur as normal events. You further acknowledge and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the deletion, timeliness, misdelivery, or failure to store any user communications or personalization settings.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
DMFP controls and operates this site from its offices in Coral Gables, Florida, U.S.A. If any disputes arise between DMFP regarding your use of this site, such disputes shall be resolved according to the laws of the State of Florida, without respect to the conflict of laws principles thereof. The federal and state courts of Miami-Dade County, situated in the State of Florida, shall have exclusive jurisdiction over all claims. Further, you hereto hereby accept and irrevocably consent to the personal jurisdiction of the State of Florida pursuant to Florida Statutes Section 685.102.Â If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
Some software on this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to (a) any country on which the United States has placed an embargo and (b) anyone on the United States Treasury Department's Specially Designated Nationals list, or the United States Commerce Department's Table of Denial Orders. If you download any software from this site, you represent and warrant that you are not located in, or under the control of, a national of any such country on any of the above restricted lists.
These Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be supplemented, altered, or amended by the use of any other document(s). Any attempt to supplement, alter, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Your rights and obligations under these Terms may not be assigned to any party, and any attempt to do so is null and void. We may free assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Please contact our Site administrator should you have any questions or comments about this Site at firstname.lastname@example.org.
These Terms are Effective as of January 1, 2012.