Terms of Service
Last modified: August 10, 2020
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website.
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 our Website or the correspondence that we send you including but not limited to any of our intellectual property, or other information or materials. If you violate the Terms, or any terms, conditions, or policies of 34 Degrees, you may be prohibited from accessing our Website and/or related information, and you may be responsible as described in the Terms.
Please review the Terms and any other relevant information so that you are fully aware of any terms, conditions, policies, or other protocols on our Website that may affect you.
Intellectual Property and Trademarks
All trademarks, local, national, or international, whether or not filed for, including without limitation 34º, 34 Degrees, 34º Crispbread, including similar marks, are the sole property of 34 Degrees. In addition, domain names of our Websites (including documents, software, code, and images), trade secrets, patents, copyrights, trade dress, logos, designs, color schemes, all remain 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 by the Terms or in writing directly from 34 Degrees. We are not responsible for any third-party websites or information you may access related to our Website or 34 Degrees. 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 at firstname.lastname@example.org.
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 represent and warrant that you own or control all rights in and to your submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns and all of your submissions do and will comply with these Terms. 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.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on our Website. We may experience delays in updating information on our Website and in our advertising on other websites. The information found on our Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on our Website and we cannot guarantee the accuracy or completeness of any information found on our Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.
Linking to our Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our Website.
- Send emails or other communications with certain content, or links to certain content, on our Website.
- Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause our Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of our Website other than the homepage.
- Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of the Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from our Website
Our Website may contain links to third-party websites or services that are not owned or controlled by 34 Degrees. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You acknowledge and agree that 34 Degrees shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You may use our Website only for lawful purposes and in accordance with the Terms. You shall not use our Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate 34 Degrees, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm 34 Degrees or users of our Website, or expose them to liability.
Additionally, you shall not:
- Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website.
- Use any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website.
- Use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in the Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website.
- Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our Website.
You agree to defend, indemnify, and hold harmless 34 Degrees and its service providers, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of our Website, by you or any person using your account and password or a breach of the Terms.
Limitation of Liability
In no event shall 34 Degrees, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our Website; (ii) any conduct or content of any third-party on our Website; (iii) any content obtained from our Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
34 Degrees allows you to access and use our Website 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 Website or any related website or information. You may create a hyperlink to our Website, only if we have a specific policy in place, provided that you abide by its terms.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 34 DEGREES NOR ANY PERSON ASSOCIATED WITH 34 DEGREES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER 34 DEGREES NOR ANYONE ASSOCIATED WITH 34 DEGREES REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, 34 DEGREES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Use at your Own Risk
You acknowledge and agree that the contents of our Website provided to you on an “as is” basis, you are using and accessing our Website 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 Website. 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.
We are based in the State of Colorado in the United States and we own our Website. We provide our Website for use only by persons located in the United States. We make no claims that our Website or any of its content is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Waiver and Severability
No waiver by 34 Degrees of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Modifications to the Terms
We may make modifications to the Terms, or to any other terms, conditions, policies, or protocols from time to time. We reserve the right to change our Website without notice to you. Please check our Website for periodic updates. In the event of a material change, we will attempt post the modified language on our Website 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 Website and you are bound by any updates or modifications whether or not they are brought to your attention. Please access and review our Website regularly so that you will be aware of any updates or notifications.
The Terms constitute the sole and entire agreement between you and regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Websites.
Opting Out/Discontinuing Use
Governing Law and Jurisdiction
All matters relating to our Website and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Terms or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
Acceptance of Terms
Please do not access or use our Website or related information if you do not agree in full to these the Terms or any other policy, agreement, protocol, or information contained in our Website. Your use or access of our Website indicates your acceptance of all of its terms and conditions
Comments and Concerns
Please let us know if you have any comments or concerns. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
34 Degrees, LLC
2825 Larimer St
Denver, CO 80205