34 Degrees is 34 Degrees, LLC dba 34 Degrees Foods with latitude, which includes our proprietary web site and all affiliates, subsidiaries and related entities (“34 Degrees”, “we”, “our” or any similar designation). Our Web site includes 34degrees.com, 34-degrees.com, or any additional web site designation (“Web site”).
Users include any other third parties that access or use our Web site, or use or download information from our Web site, participate on our Web site, or engage in any other business on our Web site (“User/s”, “you”, “your”, or any similar designation).
Please read our terms, conditions, policies, and protocols carefully (“Terms”). By using or accessing the Web site you agree that you understand the Terms, and agree to abide by and to be bound by all of them, or any other 34 Degrees protocols, including updates. On your return visits to our Web site you will automatically be bound by all of our Terms, which you are responsible for regularly accessing and reviewing. In the event that you send or receive emails to or from 34 Degrees, you are consenting to communicate with us electronically. At all times, you are solely responsible for any information that you transmit. In addition, you agree not to disseminate, misuse, rely on, or otherwise use the information contained in the Web site or the correspondence that we send you including but not limited to any of our intellectual property, or other information or materials. In the event that you violate these terms, or any terms, conditions, or policies of 34 Degrees, you may be prohibited from accessing the Web site and/or related information, and you may be responsible as described in these User Terms.
You agree not to access, attempt to access, manipulate, or otherwise enter unauthorized or secure portions of our Web site, or otherwise use our Web site without our express written permission, or add or insert false information anywhere on our Web site, or harass or act inappropriately toward any Users or other third party. In the event that you do not agree to be bound by our Terms, please do not access and/or use the Web site or related web sites or information. You agree to use the Web site at your own risk. 34 Degrees does not guarantee that a benefit will be derived from the use of our Web site. We do not ensure that the content is accurate, virus free, available, or otherwise user friendly.
Our Web site may link to other third party web sites or information. We are not responsible for the content of those web sites or any related information or terms, including policy compliance, or your use or access of these web sites or information. We do not ensure that the third party content is accurate, virus free, available, or otherwise user friendly.
All trademarks, local, national, or international, whether or not filed for, including without limitation 34º, 34 Degrees, 34º Crispbread, The Most Clever Crackers, A Most Clever Cracker, Foods With Latitude, Serve Straight Up, Subtly Toasty, Overtly Tasty, including similar marks, are the sole property of 34 Degrees. In addition, domain names such as 34degrees.com and 34-degrees.com, trade secrets, patents, copyrights, trade dress, logos, designs, color schemes, web sites and content, including documents, software, code, and images also remains the sole and exclusive property of 34 Degrees. The User agrees not to download, transfer, modify, resell, file for, or in any way use our Intellectual Property, unless expressly authorized to do so in writing. We are not responsible for any third party web sites or information you may access related to the Web site or 34 Degrees. Each third party web site may have its own policies and protocols that you may need to follow. In the event that you become aware that any third party is infringing upon any Intellectual Property right of 34 Degrees, please contact us immediately through our Web site.
You grant 34 Degrees immediate ownership of, to use as it sees fit, now and in the future, any content that is intended as a submission made to 34 Degrees, including without limitation photos, images, notes, intellectual property, comments, personal stories, testimonials, drawings, concepts, recipes, formulas, processes, suggestions, logos, names, or any other information. You understand that we have developed or may develop the same or similar ideas to those that you submitted and that you are making any submissions on these terms. We have no obligation to compensate you for any submission, or to use/not to use any submission. Please be aware that if a submission or other information is sent to 34 Degrees it can be disposed of and kept at the discretion of 34 Degrees, and you understand that any submissions you make are not confidential or proprietary to you. You may not use, reproduce, post, manipulate, access, modify, transfer, copy, download, or otherwise use any 34 Degrees information including without limitation, intellectual property, postings, photos, images, testimonials, documents, announcements, and submissions.
We reserve the right to accept or deny donations or other contributions, or to modify the content of those donations or other contributions, in our discretion.
Any information conveyed, posted, added to or otherwise included on our Web site by a User or related third party, remains the sole and exclusive responsibility of the User, in terms of ensuring that it does not violate any rules, laws, or regulations, or any policies or rights of 34 Degrees or any other third party. All Users for themselves and for any related third party are solely responsible at all times for their use and access of the Web site. You shall not disseminate, misuse, rely on, or otherwise use the information contained in the correspondence that we send you including but not limited to our Intellectual Property, newsletters, promotions, other information. You agree not to bring a claim, demand, or any other action against 34 Degrees or any related third party, for yourself or for a related third party. Users will fully and promptly indemnify 34 Degrees or any related third parties for any loss, damage, cost, or expense, including attorney fees, associated with claims, demands, actions, losses, or any other dispute, judgment, or remedy that arises out of any act of Users or related third parties or failure to act by Users or related third parties, or any claim made by Users or related third parties.
34 Degrees allows you to access and use our Web site as a single user. You may not download, copy, modify, transfer, resell, insert meta tags or hidden text in, or otherwise use, reproduce, take, or manipulate any portion of our Web site or any related web site or information. You may create a hyperlink to our Web site, only if we have a specific policy in place, provided that you abide by its terms.
DISCLAIMERS ALL FEATURES OR INFORMATION ON OUR WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. 34 DEGREES DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO THE CONTENT OR RELATED MATERIALS ON THE WEB SITE. YOU ENTER AND USE OUR WEB SITE OR FORUM AT YOUR OWN RISK.
NEITHER 34 DEGREES NOR ANY RELATED THIRD PARTY IS RESPONSIBLE FOR ANY DAMAGES THAT ARISE OUT OF YOUR USE OR ACCESS OF OUR WEB SITE OR RELATED INFORMATION, HOWEVER CAUSED. YOUR ONLY RECOURSE IS TO STOP USING OR ACCESSING THE WEB SITE. IN THE EVENT THESE PROVISIONS ARE NOT VALID, I.E. IF THEY ARE PROHIBITED BY LAW IN YOUR STATE, THEN THE AGGREGATE LIABLITY OF 34 DEGREES, IF YOU PREVAIL, SHALL NOT BE GREATER THAN ONE HUNDRED DOLLARS ($100).
34 DEGREES TRIES TO BE AS ACCURATE AS POSSIBLE WHEN POSTING INFORMATION ON OUR WEB SITE. HOWEVER, WE DO NOT WARRANT ANY INFORMATION. YOU CONFIRM AND AGREE THAT ANY INFORMATION ON THE WEB SITE MAY NOT BE FREE FROM ERRORS, AND MAY NOT BE RELIABLE, COMPLETE, ACCURATE, AVAILABLE, VIRUS FREE, COMPATIBLE, OR OTHERWISE USER FRIENDLY. WE DO NOT PROVIDE ANY WARRANTIES WHATSOEVER INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 34 DEGREES WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, JUDGMENTS, OR ANY OTHER AWARD OF ANY KIND THAT ARISE OUT OF YOUR ACCESS AND USE OF THE WEB SITE. YOU AGREE NOT TO USE, SHARE, OR OTHERWISE APPROPRIATE CONTENT THAT IS NOT YOUR OWN.
YOU CONFIRM THAT YOU WILL NOT ACCESS, DOWNLOAD, TAKE, OR OTHERWISE USE ANY OF OUR INFORMATION, CONTENT, FEATURES, INTELLECTUAL PROPERTY, OR INFORMATION UNLESS EXPRESSLY AUTHORIZED TO DO SO BY 34 DEGREES. AN ACCIDENTAL DISCLOSURE BY 34 DEGREES DOES NOT NEGATE YOUR OBLIGATIONS UNDER THESE USER TERMS. YOU CONFIRM THAT THE WEB SITE, AND ALL INTELLECTUAL PROPERTY AND INFORMATION IS PROPRIETARY, AND YOU DO NOT HAVE ANY RIGHTS TO OR INTEREST IN ANY 34 DEGREES PROPERTY.
YOU REMAIN LIABLE AT ALL TIMES FOR ANY INFORMATION POSTED ON OUR WEB SITE, AND YOU WILL INDEMNIFY US OR ANY RELATED THIRD PARTY IN ACCORDANCE WITH THESE USER TERMS FOR ANY BREACH, INCLUDING PAYING OUR/THIRD PARTY’S ATTORNEY FEES.
WE RESERVE THE RIGHT TO CHANGE, UPDATE, OR MODIFY OUR POLICIES, AGREEMENTS, CONTENT, OR OTHER INFORMATION AT OUR DISCRETION, OR TO TERMINATE YOUR ACCOUNT OR DENY ACCESS TO THE WEB SITE OR RELATED INFORMATION. PLEASE CHECK BACK PERIODICALLY FOR UPDATES, WHICH SHALL ALSO BIND YOU IN TERMS OF USING AND ACCESSING THE WEB SITE.
Use at your Own Risk
You acknowledge and agree that the contents of the Web site provided to you on an “as is” basis, you are using and accessing our Web site at your own risk, and content should not be relied on as the basis for legal, personal, business, financial or any other decisions We do not guarantee that you will derive any benefit from the use of our Web site. No information or content is intended to provide advice, and no information or content should be relied on in that manner. You use information such as recipes at your own risk.
Scope of Web site, United States
Our Web site is based in the United States. We do not represent that the Web site is appropriate, viable, or available in other territories, countries, or locales, and if you access our Web site from an outside location, you are responsible for complying with any applicable laws and rules.
Modifications to Our User Terms
We may make modifications to our User Terms, or to any other terms, conditions, policies, or protocols from time to time. We reserve the right to change our Web site without notice to you. Please check our Web site for periodic updates. In the event of a material change, we will attempt post the modified language on our Web site in order to alert you of a change. You are still, at all times, obligated to abide by all of the terms, conditions, and policies set forth on our Web site and you are bound by any updates or modifications whether or not they are brought to your attention. Please access and review the Web site regularly so that you will be aware of any updates or notifications.
Opting Out/Discontinuing Use
Your use and access of our Web site or related information, and any claim, dispute, or other matter arising under these User Terms, or any policy, agreement, or other information set forth on our Web site are governed by and shall be heard in the Courts of the State of Colorado, or resolved in accordance with Colorado law, with no regard for conflict of law provisions.
Acceptance of Terms
Please do not access or use our Web site or related information if you do not agree in full to these User Terms or any other policy, agreement, protocol, or information contained in our Web site. Your use or access of the Web site indicates your acceptance of all of its terms and conditions