Terms of Use

Introduction

Thank you for visiting this website owned and operated by The Wornick Company ("Wornick"). We have organized this part of the website you are visiting into the following sections: Terms of Use and Privacy Policy. You can also find our Contact Information below to use if you have a question, comment or concern about Wornick's websites and policies.

BY USING THE WORNICK WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE SITE.

Terms of Use

These Terms of Use ("Agreement") set forth the terms and conditions that apply to your use of this website. BY USING THIS WEBSITE OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree with any of these terms, do not use this website. Wornick reserves the right to make changes to this Agreement from time to time at its sole discretion. Your continued use of this website constitutes your acceptance of any such changes. Wornick retains the right to deny access to its websites to anyone at its sole discretion for any reason, including violation of this Agreement. In addition, you agree not to use this website for any unlawful purpose.

Site Contents and Intellectual Property

Everything you see, hear or receive from or on the Site ("Content"), is protected by copyrights, trademarks, service marks, patents, trade secrets, trade dress or other intellectual property rights owned by Wornick or its licensors. Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in the Terms transfers to you any right, title or interest in any Content. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited. Wornick may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.  

Except as expressly authorized by Wornick, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or the Content.  We permit you to print or download one copy of the materials or Content on this website on any single computer for your personal non-commercial use, provided you keep intact all copyright and other proprietary notices (for example, "Copyright © 2006 The Wornick Company. All rights reserved."). Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Wornick is prohibited.

In addition, this website contains a number of names, logos, trademarks, service marks and other intellectual property rights which are the property of Wornick. You agree not to use or display publicly these marks without the prior written permission of Wornick. Other trademarks appearing on this website are the property of their respective owners. This website is owned by Wornick and any of the images, text, audio or other comments (basically everything you see, read or hear on this website) is copyrighted by Wornick and may only be used in the manner provided on this Agreement.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Wornick and our affiliates without express written permission. You may not use any metatags or any other hidden text utilizing Wornick's name or trademarks without the prior written permission of Wornick.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to this website so long as the link does not portray Wornick, its affiliates or their products or services in a false, misleading, derogatory or otherwise objectionable manner. You may not use any Wornick logo or other proprietary graphic or trademark as part of the link without prior written permission of Wornick.

Use of the Site

You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else's rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that (a) contain a software virus or other harmful component, (b) contain advertising or commercial material, or (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. You are solely responsible for the content of any material you publish on the Site. Wornick is not responsible or liable for the conduct of any Site user, or for materials published to the Site by any Site user other than Wornick. You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with the Site or any other user's use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site; (c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or (e) insert any code or product or manipulate the Content in any way that affects any user's experience of the Site.

Links to Other Sites

The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Links from the Site do not constitute Wornick endorsement of any third party, its website, or its goods or services. Wornick is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.

Disclaimer

If you are dissatisfied with the Site, any of the Content, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, WORNICK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. WORNICK PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS." WORNICK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WORNICK, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES ARISING OUT OF, OR INABILITY TO USE, THIS WEBSITE OR THE INFORMATION IT CONTAINS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED AT LAW OR IN EQUITY, OR WHETHER ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR BASIS EVEN IF WORNICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE ABOVE LIMITATIONS ARE VOID OR UNENFORCEABLE UNDER GOVERNING LAW, WORNICK'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. Wornick does not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements.

Indemnification

You agree to defend, indemnify and hold harmless Wornick and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of any of the Terms.

Forward-Looking Statements

The United States Securities and Exchange Commission encourages companies to disclose forward-looking information so that investors can better understand a company's future prospects and make informed investment decisions. This website may be considered to contain such "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, which provides a safe harbor for forward-looking statements made by or on behalf of a company.

Words or phrases such as "anticipate," "estimate," "expects," "projects," "intends," "plans," "believes," "targets," "goal," "will likely result," "will continue," and similar expressions used in connection with any discussion of future operating or financial performance identify such forward-looking statements. Those forward-looking statements are management's present expectations regarding future events and speak only as of their dates. As with any projection or forecast, they are inherently susceptible to uncertainty and changes in circumstances, and Wornick is under no obligation, and expressly disclaims any such obligation, to update or alter any forward-looking statements whether as a result of such changes, new information, future events or otherwise.

Wornick's actual results could differ materially from management's expectations and anticipated results because of changes in such factors. Some of the factors that also could cause actual results to differ from those contained in any forward-looking statements include, but are not limited to, sales, earnings and volume growth, competitive conditions, production costs (including energy, transportation and distribution costs), currency valuations (notably the euro and pound sterling), global economic and industry conditions, achieving cost savings programs, success of acquisitions and divestitures, new product and packaging innovations, the impact of e-commerce and e-procurement, supply chain efficiency and cash flow initiatives, and other factors described in our filings with the Securities and Exchange Commission

In addition, Wornick's overall strategy, including its financial strategy, its growth of operations, the maintenance of its financial ratios and similar matters could be adversely affected by increased interest rates, failure to meet earnings expectations, significant acquisitions or other transactions and changes in Wornick's strategies and intentions.

Not an Offer to Sell or Solicitation of Offer to Buy Securities

This website and the materials contained in it are neither an offer to sell nor a solicitation of an offer to buy any security in any state or jurisdiction.

User Comments and Submissions

We welcome your comments regarding our Site, our products and our services. However, any information you transmit to the Site is not, and will not be treated as private, confidential or proprietary. Wornick may make unrestricted use of any information you transmit to us through the Site. This may include personal information about you and your use of the Site. Please review our Privacy Policy for more information.

Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. Your obligations to Wornick shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.

Information

Products displayed on the Site can be delivered only within the United States. Prices are valid only in the United States. Prices are subject to change without notice. We do not warrant the currency, accuracy or reliability of any Site information, including information about product price or availability.

International Use

Wornick controls and operates this website from the company's headquarters in Cincinnati, Ohio. As a result, Wornick makes no representation that materials on this website are appropriate or available for use in locations outside the United States. Accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.

Miscellaneous

Wornick displays this Site and the Content solely to market and promote Wornick products and services in the United States. Wornick controls and operates this Site from its offices in Cincinnati, Ohio. The Terms shall be construed according to Ohio law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, or products or services purchased using the Site, shall be resolved exclusively by the state and federal courts of the State of Ohio. By using the Site, you consent to the jurisdiction and venue of Ohio courts with respect to any such dispute.

If any provision of the Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the rest of the Terms shall remain in full force and effect.

The Terms are the entire agreement between you and Wornick relating to the Site. These Terms supersede and cancel any prior written or oral agreement between you and Wornick relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved.

Contact Information

Please feel free to contact us at:
Wornick, Internet Inquiries
4701 Creek Road, Suite 200
Cincinnati, OH 45242

Phone: 1-800.860.4555
E-mail: info@wornick.com

Privacy Policy

Information

For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name, but not the e-mail address (where possible).  We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as sweepstakes, survey information and/or site registrations.  The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, not shared with other organizations for commercial purposes.

With respect to cookies: We use cookies to store visitors preferences.

If you do not want to receive e-mail from us in the future, please let us know by writing to us at XXXX.

If you supply us with your postal address on-line you will only receive the information for which you provided us your address.  Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.

With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only data collected from the time of the policy change forward. Customers may prevent their information from being used for purposes other than those for which it was originally collected by writing us at the above address.

Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. Consumers can access this information by writing to us at the above address.

Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by writing to us at the above address.

With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site, We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

Your California Privacy Rights

(As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

As stated in above, we do not share information with third parties for their direct marketing purposes. 

California customers may request further information about our compliance with this law by e-mailing us at xxxx.  Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

Modifications

We reserve the right to revise this Privacy Policy at any time and for any reason and the right to make changes at any time to any of the information contained in this Privacy Policy.  By entering and using the services provided by The Wornick Company, you acknowledge and agree that you shall be bound by this Privacy Policy and any such revisions.  We suggest users periodically review this Privacy Policy to be aware of any modifications to these terms and conditions.