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1. Agreement

Welcome to smithfield.com.  Smithfield.com (the “Website”) is an interactive online service operated by [Smithfield Foods, Inc.] (“Smithfield,” “us,” “we,” or “our”).

Please read these terms of use (the “Terms of Use”) carefully before using the Website.  By visiting, accessing, and/or using the Website, you, the Website visitor (“You”), signify Your unconditional acceptance of and agreement to these Terms of Use.  BY USING THIS WEBSITE AND AGREEING TO THESE TERMS OF USE, YOU ARE AGREEING TO WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND TO LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.  If You do not agree to all of the Terms of Use, then immediately discontinue Your use of the Website.  Moreover, by using this Website You acknowledge that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which You also hereby acknowledge. Such consideration includes, but is not limited to, Your permitted use of the Website and the opportunity for You to publish Submissions (as defined below).

This Website and its design, text, graphics, and the selection and arrangement thereof, is Copyright © 2008 Smithfield Foods, Inc. ALL RIGHTS RESERVED.

In its sole discretion Smithfield may, and likely will, revise these Terms of Use from time to time; therefore, You should visit this page periodically to review the Terms of Use.  Your use of the Website following any amendment of these Terms of Use will signify Your acceptance of and agreement to such revised terms and Smithfield is not obligated to notify or put You on notice of any such amendments or revisions.

2.Privacy Policy

Smithfield believes strongly in protecting user privacy. Smithfield therefore has established a Privacy Policy to explain how user information is collected and used by Smithfield.  Users of this Website should refer to Smithfield’s Privacy Policy, available for viewing here, before providing any information.  The Privacy Policy is incorporated by this reference into these Terms of Use, which means that by accessing or using the Website, You are agreeing to and shall be bound by the terms and conditions of the Smithfield Privacy Policy.

3.Authorized Use of the Website

You hereby are granted permission to access and use the Website, so long as Your use of the Website is solely for Your personal, noncommercial use and You otherwise comply with the terms and conditions of these Terms of Use and applicable law.  Additionally, You may not (i) copy or distribute any part of the Website in any medium without Smithfield’s prior written authorization; (ii) alter, modify, or reverse engineer any part of the Website; (iii) solicit other users to join or become members of any commercial online service or other organization without our prior written approval, or (iv) collect or harvest any personally identifiable information from the Website including, but not limited to, email addresses, user names, and passwords.  You shall cooperate with Smithfield to investigate any activity that is suspected to have breached of these Terms of Use.

This website does not intend to market any Smithfield products or services to children under thirteen (13) years of age.  Smithfield does not knowingly gather or solicit data from children under thirteen (13) years of age through this website for marketing purposes. By using this website you represent that you are not under thirteen (13) years of age.

4.Intellectual Property

All Website materials, designs, text, graphics, other files, and the selection and arrangement thereof are either ALL RIGHTS RESERVED Copyright © 2008 Smithfield Foods, Inc. or the property of our affiliates or licensors. You may electronically copy and print one hard copy of portions of this Website for the sole purpose of using its contents only for informational and non-commercial, personal use, provided You keep all copyright or other proprietary notices intact. Any other use is strictly prohibited.

“SMITHFIELD” and all other trademarks or service marks on this Website are either the intellectual property of Smithfield or its affiliates or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Smithfield.

Smithfield might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any portion of the Website.  Except for the limited usage rights granted to You in these Terms of Use, You do not acquire any right, title or interest in the Website or any of its content. Any rights not expressly granted in these Terms of Use are expressly reserved.

5.Hyperlinks

We hereby grant You a non-exclusive, limited license, revocable at our discretion, for You to link to the Website home page from any site You own or control that is not commercially competitive with the Website and does not portray Smithfield or any of its products or services in a false, misleading, derogatory, or otherwise defamatory or negative manner or otherwise breach applicable law.  This does not give You a license to use any of our intellectual property, and such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

6.Submissions

Now or in the future we may permit You to post, submit, upload, transmit through, or otherwise make available on the Website messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, and/or other content (each, a “Submission”) to Smithfield.  Regardless of whether Smithfield has solicited Your Submission, You hereby grant to Smithfield an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit Your Submission and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including, without limitation, print, film, or electronic storage devices), without compensation of any kind to You or any third party.

You hereby represent and warrant to Smithfield, its affiliates, and its licensors that (a) You have all necessary right, power, and authority to grant the above-discussed license with respect to Your Submission; (b) Your Submission does not contain a formula, instruction, or advice that could cause harm or injury to others or include personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references; (c) Your Submission is not an advertisement for goods or services or a solicitation of funds; and (d) Your Submission does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Smithfield’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Smithfield confirm or perfect the license granted to Smithfield to Your Submission as set forth in these Terms of Use.

Smithfield is under no obligation to publish or use any Submission. If Your Submission is published, used, and/or posted on the Website or otherwise used by Smithfield, we may, but we are under no obligation to, include Your name in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, You hereby grant Smithfield the right to use Your name in connection with the publication, use, or posting of Your Submission.

7.Third-Party Links

The Website may include hyperlinks to sites such as search engines and content of third parties as a service to those interested in this information.  Smithfield does not monitor, control, endorse, or adopt such sites or the information contained thereon and can make no guarantee as to its accuracy or completeness. You use these hyperlinks and the information in connection therewith at Your own risk.

If there is a dispute between You and another person accessing the Website or between You and any third party, You acknowledge and agree that we are under no obligation to become involved. If there is such a dispute, You hereby release Smithfield, its affiliates, and the respective officers, directors, employees, parents, partners, successors, and agents of the same from claims, demands, expenses, costs, and other damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

8.Website Content; Health and Wellness

Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You always should consult with Your personal physician prior to changing or undertaking a new diet or exercise program. Your physician likely is in the best position to evaluate whether any particular diet or exercise program is best for You. Advance consultation with Your physician is particularly important if You are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something You have read on this site.  We do not endorse or warrant the validity of any health-related statements found on our Website or on any third-party websites accessed through our Website.

We provide the Website for entertainment, educational, and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. It is Your sole responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website and its content. Under no circumstances will we be liable for any loss or damage caused by Your reliance on the same.


9. Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMITHFIELD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

10.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SMITHFIELD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF SMITHFIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to You.

11.Indemnification

You shall indemnify, defend, and hold harmless Smithfield, its affiliates, and their respective officers, directors, employees, partners, successors, agents, distribution partners, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) Your access to or use of the Website; (ii) SubmissionS provided by You through the Website; (iii) any actual or alleged violation or breach by You of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that You have made to us; or (v) Your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of Your obligations hereunder.

12.Termination

Smithfield reserves the right, without notice and in its sole discretion at any time, to terminate Your license to use this Website, to block or prevent Your future access to the Website, and to remove and discard Your Submissions.

Any suspension or termination shall not lessen or terminate Your obligations to us under these Terms of Use. The provisions of these Terms of Use that by their nature should survive the suspension or termination of Your right to access the Website or these Terms of Use shall so survive including, without limitation, the rights and licenses that You have granted hereunder, representations and warranties regarding Submissions, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions contained herein.

13.Choice of Law; Venue; Jurisdiction

The Terms of Use and all matters arising from or relating to the Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of law principles thereof.  All suits or other actions pursuant in respect of the Terms of Use shall be brought exclusively in the state and federal courts of the Commonwealth of Virginia located in the City of Richmond and You hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

14.Dispute Resolution

If You have any alleged claim or controversy against us related in any way to the Website or its content, before commencing litigation, You first shall contact us to provide a written description of the problem, all relevant documents/information, and the proposed resolution. You will contact us about disputes by contacting us at the address provided in these Terms of Use.

15. Class Actions Lawsuits

WITH REPSECT ONLY TO THE TERMS OF USE AND MATTERS ARISING FROM OR RELATING TO THE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

16. Jury Trial

WITH REPSECT ONLY TO THE TERMS OF USE AND MATTERS ARISING FROM OR RELATING TO THE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

17.Miscellaneous

A.Any delay or failure on the part of You or Smithfield to exercise or enforce any rights under these Terms of Use to which either of Your or Smithfield may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. To the fullest extent provided by law, You irrevocably agree that You waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

B.These Terms of Use (including the Privacy Policy incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between You and Smithfield with respect to such subject matter.

C.You may not assign or otherwise transfer these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by You without the appropriate prior written consent will void ab initio.  Smithfield may assign these Terms of Use or any rights hereunder without Your consent and without notice.

D.Pursuant to Title 17, Section 512(c)(2) of the United States Code, notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

Notification must be submitted to the following Designated Agent: Mary Baril, McGuire Woods Battle and Booth

Full Address of Designated Agent to Which Notification Should be Sent:
901 East Cary Street
Richmond, VA 23219

Telephone Number of Designated Agent: 804-775-1169

Facsimile Number of Designated Agent: 804-698-2009

E-Mail Address of Designated Agent: mbaril@mcguirewoods.com

To be effective, the notification must be a written communication that includes the following:

1.A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4.Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Web site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.

Contact Us

If You have any questions about this legal notice, the practices of this Website, or Your dealings with this Website, please contact us at bonnieking@smithfield.com
Effective: June 1, 2008. © 2008 Smithfield Foods, Inc.
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