Terms of Use

Two Degrees is the trading name for Give Bars, LLC, referred to in these Terms of Use as Two Degrees. Access to the Two Degrees website (the “Website”) and use of any text, artwork, photographs, audio, video and other files on this Website are subject to the following terms and conditions. By using the Website, you indicate your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you have no right or license to access the Website and you should not do so.

Two Degrees reserves the right, in its sole discretion, to change, modify or otherwise update these Terms of Use at any time, or to impose new conditions. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of the Website after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions. Two Degrees may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature or content. Two Degrees may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

This site is available for individuals agreed 14 years or older. If you are 14 or older but under the age of 18, you agree to review these Terms of Use with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to this agreement and that you and your parent(s) or guardian(s) review and accept the Agreement on your behalf. If the reader of this Agreement is a parent or guardian entering this Agreement for the benefit of a child over the age of 14, then he or she agrees and accepts full responsibility for his or her child’s use of the site and/or services, including all financial charges and legal liability that such child may incur.

USE OF MATERIALS LOCATED ON THIS WEBSITE

COPYRIGHTS

All materials published on the Website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and/or controlled by Two Degrees and/or the third-party provider of the material. The entire contents of the Website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You agree to abide by all copyright notices and other restrictions contained in any material accessed through the Website. No material from the Website or any website owned, operated, licensed, or controlled by Two Degrees may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on the Website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other Web website or networked computer environment is prohibited.

TRADEMARKS

All trademarks, service marks, and trade names are proprietary to Two Degrees or the other designated owner of a posted mark.

RESTRICTIONS

Elements of the Website are protected by other laws and may not be copied or imitated in whole or in part. Nothing contained in the Website grants, by implication, estoppel or otherwise, any right or license to use any of the proprietary materials on the Website without authorization.

SUBMISSIONS AND PUBLIC FORUMS

This Website may include chat areas, message boards, e-mail and other interactive functions (“Forums”) which allow feedback and submissions to the Website and real-time interaction between users. Our discussion forum is currently accessible at the URL www.twodegreesfood.com (the “Forum”). By joining and using the Forum, you have agreed to be bound by these Terms of Use and our Privacy Policy. Terms of Use directly applicable to use of such Forums include the following:

1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials (“Content”), whether publicly posted or privately transmitted, that you submit to any of the Forums are your sole responsibility. This means that you, and not Two Degrees, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Forums.
2. Two Degrees does not endorse or control the Content delivered to the Forums, and Two Degrees has no obligation to monitor such Content. As such, Two Degrees does not guarantee the accuracy, integrity or quality of any such Content. However, Two Degrees reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms of Use or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. Two Degrees further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Two Degrees, its users and the public.
4. You understand that by using the Website, including its Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Two Degrees be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Website, including its Forums.
5. It is a condition of your access and use of the Website that you do not:
   • Restrict or inhibit any other user from using and enjoying the Website;
   • Harm minors in any way;
   • Impersonate any person or entity, including, but not limited to, an employee or representative of Two Degrees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted by means of the Website;
   • Upload, post, email or otherwise distribute, publish or transmit on the Website any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   • Upload, post, email or otherwise distribute, publish or transmit on the Website any unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
   • Upload, post, email or otherwise distribute, publish or transmit on the Website any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
   • Upload, post, email or otherwise distribute, publish or transmit on the Website any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
   • Upload, post, email or otherwise distribute, publish or transmit on the Website or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, “junk mail,” “spam,” “chain letters,” and “pyramid schemes”), advertising, promotion or marketing for goods or services;
   • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
   • Interfere with or disrupt the Website or servers or networks serving the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
   • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
   • “Stalk” or otherwise harass another; or
   • Collect or store personal data about other users.
6. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to the Website, you automatically grant (or warrant that the owner of such rights has expressly granted) to Two Degrees a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
7. You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on the Website contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another’s privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone’s patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto. You agree to indemnify, defend, and hold Two Degrees harmless from and against any losses, including but not limited to reasonable attorneys fees and costs incurred by Two Degrees in its defense, resulting from any claim arising from your conduct that violates any provision of the Terms of Use, including, but not limited to, the warranties contained in this paragraph.

TAKEDOWN PROVISIONS

If you believe that materials that have been posted on the Website have copied your work in a way that constitutes copyright infringement, please provide Two Degrees’ Copyright Agent (identified below) the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where (by URL and physical description) the material that you claim is infringing is located on the Website.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Two Degrees’ Copyright Agent is: info@twodegreesfood.com

Upon our receipt of a takedown notice materially complying with all of these requirements, we will remove, or cause to be removed, the identified materials. The individual that had posted such materials will then have an opportunity to demand reposting. You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.

LINKED SITES

This Website may contain links and pointers to Internet sites maintained by others (“Third Party Sites”). The appearance of a link does not imply Two Degrees’ endorsement. Two Degrees has not reviewed all of the Third Party Sites linked to the Website and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.

JURISDICTIONAL ISSUES

The Website is controlled and operated by Two Degrees from its offices in the State of California, United States of America. Two Degrees makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any other terms, conditions or policies set forth elsewhere in the Website, constitute the entire agreement between you and Two Degrees in connection with your access and use of the Website.

Two Degrees may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, failure to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from the Website and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Website, and the restrictions imposed on you with respect to materials downloaded from the Website and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER

Your access to and use of the Website is at your sole risk. If you are dissatisfied with any of the materials contained in the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website.

THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWO DEGREES AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY AFFILIATED WEBSITE WITH WHICH IT IS LINKED. TWO DEGREES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS WEBSITE. TWO DEGREES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY

To the fullest extent permitted by applicable law, Two Degrees and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Two Degrees or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

You hereby agree to indemnify, defend and hold harmless Two Degrees and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Two Degrees and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Website. You shall cooperate as fully as reasonably required in the defense of any claim. Two Degrees reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, Two Degrees may edit, refuse to post or to delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of the Website, that you have granted (or warranted that the owner of such rights has expressly granted) to Two Degrees a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Content, you hereby agree that if you unsuccessfully prosecute a claim against Two Degrees and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Content that you post, to terminate or suspend your access to all or part of the Website, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Two Degrees and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

REGISTRATION/SUBSCRIPTION

As part of any registration and or subscription processes, you may, at the sole discretion of Two Degrees, be given a password and a subscriber ID. In such event, you will also have to give us certain registration information, all of which must be accurate and updated.

• You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID that Two Degrees, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
• You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Two Degrees.
• You shall notify Two Degrees at info@twodegreesfood.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
• Two Degrees reserves the right to verify any information supplied you for purposes of billing.
• You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Two Degrees sole discretion, and Two Degrees may refer you to appropriate law enforcement agencies.