Legal Disclaimer

DEL MONTE FRESH PRODUCE COMPANY TERMS OF USE

These Terms of Use govern your use of any websites operated by Del Monte Fresh Produce Company (“DMFPC”) that display or link to these Terms of Use (the “Sites”). You automatically agree to these Terms and to our Privacy Policy simply by using the Sites or any of the services we offer on the Sites.

Please note that Section 12 of these Terms contains an arbitration clause and a class action waiver provision. It affects how disputes between you and DMFPC may be resolved.

  1. Modifications and Termination

We reserve the right to modify the Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Sites at any time.

  1. Your Account

You may be required to create an account and specify a password in order to make purchases or use certain features on the Sites. To create an account, you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please contact us at consumers@freshdelmonte.com.

  1. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant DMFPC, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using our Sites.

You agree to indemnify DMFPC against any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.

  1. Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other Sites visitor. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

  1. Your Use of the Sites

Please do not use the Sites in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

Using our Sites does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

  1. Non-Confidential Information

We do not accept any unsolicited suggestions for product uses, improvements, new product ideas, marketing ideas, or recipes from people outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.

Any materials, information, or ideas you send us or post on this Sites by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by DMFPC for any purpose whatsoever.

  1. DMFPC Trademarks and Copyrights

All trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of DMFPC and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Sites are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

  1. Copyright Protection

DMFPC, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. DMFPC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

If you believe any Content on the Sites infringes your copyrights, you may request that we remove the Content from the Sites (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by mail or e-mail:

By mail:  Del Monte Fresh Produce Company, Attn. Marketing Dept. – Consumer Services, 241 Sevilla Avenue, Coral Gables, Florida 33134.

By e-mail: consumers@freshdelmonte.com

Once notification in accordance with the above is received by the Designated Agent, it is DMFPC policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of the Sites that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to the Sites.

If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to DMFPC Designated Agent within thirty (30) days of the date the Content was removed from the Sites. A counter-notification must be a written communication that includes substantially the following:

  • Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  • A signature or the electronic equivalent of the person submitting the counter-notification.

Upon receipt of a counter-notification in accordance with the above, DMFPC shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform DMFPC that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Sites. If DMFPC receives such notification within ten (10) business days, DMFPC shall not replace the removed Content or cease disabling access to it. If DMFPC does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Sites, then DMFPC shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the DMCA and other applicable law, DMFPC may, in appropriate circumstances, at DMFPC sole discretion, terminate access to the Sites of any user that DMFPC finds to be a repeat infringer. DMFPC reserves the right to define the criteria by which DMFPC will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, DMFPC will adopt that definition as a minimum standard. Without limiting DMFPC right to define “repeat infringer,” as a general rule, DMFPC will define a “repeat infringer” as any person or entity about whom DMFPC has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. DMFPC will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact DMFPC Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

  1. Social Networks

The Sites may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

  1. Our Warranties and Disclaimers

We provide the Sites using a commercially reasonable level of care, but there are certain things that we cannot guarantee.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, DMFPC DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

  1. Liability for our Services

EXCEPT WHERE PROHIBITED, DMFPC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY’S USE OF THE SITE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF DMFPC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

  1. Disputes

You agree that agree that any dispute or claim arising out of your use of the Sites or any products sold on the Sites, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  1. Additional Details

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Sites after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.

The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.

When you use a Sites or send communications to us through a Sites, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Sites from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from DMFPC to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Sites resides in the courts located in Miami-Dade County, Florida, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

The Sites is not intended to be used by people who are under 13 years old.

Last updated: January 14, 2019