WEBSITE DISCLAIMER
The information contained on this website is made available by or on behalf of JANA Partners LLC and certain of its affiliates (collectively "JANA PARTNERS", "we" or "us") for informational purposes.
This website is not affiliated with, or endorsed by, PetSmart, Inc. (“PetSmart”).
THIS SITE INCLUDES NEWS AND INFORMATION, COMMENTARY, AND OTHER CONTENT RELATING TO PETSMART, INCLUDING BY PERSONS OR ENTITIES THAT ARE NOT AFFILIATED WITH JANA PARTNERS (“THIRD PARTY CONTENT”). THE AUTHOR AND SOURCE OF ALL THIRD PARTY CONTENT AND DATE OF PUBLICATION IS CLEARLY AND PROMINENTLY IDENTIFIED. THIRD PARTY CONTENT IS AVAILABLE THROUGH FRAMED AREAS, THROUGH LINKS TO THIRD PARTY WEBSITES, OR IS SIMPLY PUBLISHED ON THE SITE. JANA PARTNERS AND ITS AFFILIATES HAVE NOT BEEN INVOLVED IN THE PREPARATION, ADOPTION OR EDITING OF THIRD PARTY CONTENT AND DO NOT EXPLICITLY OR IMPLICITLY ENDORSE OR APPROVE SUCH CONTENT. THE PURPOSE OF MAKING THE THIRD PARTY CONTENT AVAILABLE IS TO PROVIDE RELEVANT INFORMATION TO STOCKHOLDERS OF PETSMART IN CONNECTION WITH THE SOLICITATION OF PROXIES FROM PETSMART'S STOCKHOLDERS BY JANA PARTNERS, EDWIN M. CRAWFORD, JULIAN C. DAY, THOMAS W. DICKSON, SUSAN FELDMAN AND LAWRENCE V. JACKSON (COLLECTIVELY, THE "PARTICIPANTS") FOR USE AT PETSMART'S 2015 ANNUAL MEETING OF STOCKHOLDERS (THE "PROXY SOLICITATION"). JANA PARTNERS HAS NOT SOUGHT OR OBTAINED CONSENT FROM ANY THIRD PARTY TO THE USE HEREIN OF PREVIOUSLY PUBLISHED INFORMATION. ANY SUCH INFORMATION SHOULD NOT BE VIEWED AS INDICATING THE SUPPORT OF SUCH THIRD PARTY FOR THE VIEWS EXPRESSED HEREIN.
THE PARTICIPANTS INTEND TO FILE WITH THE SECURITIES AND EXCHANGE COMMISSION (THE “SEC”) A DEFINITIVE PROXY STATEMENT AND ACCOMPANYING FORM OF PROXY CARD TO BE USED IN CONNECTION WITH THE PROXY SOLICITATION. ALL STOCKHOLDERS OF PETSMART ARE ADVISED TO READ THE DEFINITIVE PROXY STATEMENT AND OTHER DOCUMENTS RELATED TO THE PROXY SOLICITATION, WHEN THEY BECOME AVAILABLE, BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION, INCLUDING ADDITIONAL INFORMATION RELATED TO THE PARTICIPANTS. WHEN COMPLETED, THE DEFINITIVE PROXY STATEMENT AND AN ACCOMPANYING PROXY CARD WILL BE FURNISHED TO SOME OR ALL OF PETSMART'S STOCKHOLDERS AND WILL BE, ALONG WITH OTHER RELEVANT DOCUMENTS, AVAILABLE AT NO CHARGE ON THE SEC'S WEB SITE AT HTTP://WWW.SEC.GOV. IN ADDITION, JANA PARTNERS WILL PROVIDE COPIES OF THE DEFINITIVE PROXY STATEMENT AND ACCOMPANYING PROXY CARD WITHOUT CHARGE UPON REQUEST.
INFORMATION ABOUT THE PARTICIPANTS AND A DESCRIPTION OF THEIR DIRECT OR INDIRECT INTERESTS BY SECURITY HOLDINGS WILL BE CONTAINED IN
EXHIBIT 2 TO THE SCHEDULE 14A TO BE FILED BY JANA PARTNERS WITH THE SEC ON NOVEMBER 20, 2014. THIS DOCUMENT CAN BE OBTAINED FREE OF CHARGE FROM THE SOURCES INDICATED ABOVE.
Cautionary Statement Regarding Forward-Looking Statements
The information herein contains “forward-looking statements.” Specific forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts and include, without limitation, words such as “may,” “will,” “expects,” “believes,” “anticipates,” “plans,” “estimates,” “projects,” “targets,” “forecasts,” “seeks,” “could” or the negative of such terms or other variations on such terms or comparable terminology. Similarly, statements that describe our objectives, plans or goals are forward-looking. JANA Partners’ forward-looking statements are based on its current intent, belief, expectations, estimates and projections regarding PetSmart and projections regarding the industry in which it operates. These statements are not guarantees of future performance and involve risks, uncertainties, assumptions and other factors that are difficult to predict and that could cause actual results to differ materially. Accordingly, you should not rely upon forward-looking statements as a prediction of actual results and actual results may vary materially from what is expressed in or indicated by the forward-looking statements.
Terms of Use of Website
By entering our website, you acknowledge your understanding of, accept, without limitation or qualification, and agree to be bound by, the Terms of Use herein and all applicable laws. These Terms of Use constitute a binding agreement between you and JANA Partners and govern your access to and use of our website. JANA Partners may add to, change or remove any part of these Terms of Use at any time or from time to time, without notice, and any such modifications will be effective immediately upon posting.
This Terms of Use and any additional terms posted on this website constitute the entire agreement between JANA Partners and you with respect to your use of this website. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, that part of the Terms of Use will be deemed modified to the extent necessary to make it effective and the remaining provisions of this Terms of Use will remain in full force and effect.
Disclaimer Regarding Materials
These materials do not have regard to the specific investment objective, financial situation, suitability, or the particular need of any specific person who may receive these materials, and should not be taken as advice on the merits of any investment decision. The views expressed herein represent the opinions of JANA Partners, which opinions may change at any time and are based on publicly available information with respect to PetSmart. Opinions expressed herein are current opinions as of the date appearing in these materials only. JANA Partners disclaims any obligation to update the data, information or opinions contained herein except as required by law. Unless otherwise indicated, financial information and data used herein have been derived or obtained from filings made with the applicable regulator by PetSmart or other companies that JANA Partners considers comparable, and from other third party reports.
There is no assurance or guarantee with respect to the prices at which any securities of PetSmart will trade, and such securities may not trade at prices that may be implied herein. The estimates, projections, pro forma information and potential impact of the proposals set forth herein are based on assumptions that JANA Partners believes to be reasonable, but there can be no assurance or guarantee that actual results or performance of PetSmart will not differ, and such differences may be material.
JANA Partners currently holds a substantial amount of shares of common stock of PetSmart. JANA Partners may from time to time sell all or a portion of its shares in open market transactions or otherwise (including via short sales), buy additional shares (in open market or privately negotiated transactions or otherwise), or trade in options, puts, calls or other derivative instruments relating to such shares. Neither these materials nor anything contained herein is intended to be, nor should it be construed or used as, investment, tax, legal or financial advice, an opinion of the appropriateness of any security or investment, or an offer, or the solicitation of any offer, to buy or sell any security or investment.
No Offer of Securities
This website and the materials contained herein are not intended to be, nor should they be construed as, an offer to sell or a solicitation of an offer to buy any security. This website and the materials contained herein do not recommend the purchase or sale of any security.
Use of Cookies
We may, but have no obligation to, monitor and record activity on our website for any reason or for no reason. This website may use "cookies" which may automatically collect certain information and data. "Cookies" are small pieces of data sent to your computer browser from our web server and stored on your computer's hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this website. Cookies also help us diagnose problems with our server.
International Use
Due to the global nature of the internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this website outside the United States do so at their own initiative and are responsible for compliance with all local laws and regulations.
Disclaimer of Warranties
Your use of this website and use of or reliance upon any materials on it is at your own risk. You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind, express or implied, to the fullest extent permissible by law. We disclaim all representations and warranties, express or implied, of any kind with respect to this website, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting the foregoing,
we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, speed or delivery of this website or any part of the information contained on this website or that the server that makes this website available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse download from or otherwise use this website.
Limitation of Liability; Indemnity
Under no circumstances, including but not limited to JANA Partners’ negligence, shall JANA or any of our affiliates, agents, partners, members, employees or consultants, including any person or entity involved in creating, producing or distributing this website (collectively, the “JANA Parties”), have any liability for any damages, liabilities or injuries, including, but not limited to, indirect, incidental, special, punitive or consequential damages, however caused, arising out of or relating to your use of, or inability to use, this website. THE AGGREGATE TOTAL LIABILITY OF THE JANA PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES, IN WHICH EVENT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, the JANA Parties’ liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE JANA PARTIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.
Intellectual Property
“JANA Partners” is the trade name for JANA Partners LLC. All content included on this website is the property of JANA Partners and is protected by law. All trademarks, service marks and logos displayed on this website or included in the content posted on this website are the property of their respective owners. Nothing on this website shall be interpreted as granting, by implication or otherwise, any license or right to use any image, trademark, logo or service mark. Copying or downloading material from this website does not transfer title to any material on this website to you. JANA Partners reserves all rights with respect to ownership of its trademarks and logos on this website and with respect to copyright ownership of all material on this website and will enforce such rights to the full extent of the law.
Governing Law
This Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of laws principles.
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