Terms and Conditions

TERMS OF USE

The website through which you accessed these terms (referred to herein as the “Site”) is made available to you by 2 B Whole, LLC, a Georgia limited liability company and its affiliates (collectively the “Company” or “We” or “Us”) subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using or accessing the Site (and any content provided by the Company, including, without limitation, any links to content whether hosted on this Site or any third-party website), you agree that these Terms of Use create a legally binding agreement between you and the Company.

Company reserves the right, at any time and from time to time, to modify these Terms of Use. By continuing to use the Site following such modifications, you agree to be bound by such modifications. You should periodically visit this page to review our most current Terms of Use.

Please note that other Company websites, or specific portions or features of the Site, may be subject to additional policies, terms or conditions (“Additional Terms”). Please review all Additional Terms, which Additional Terms are incorporated into and made a part of these Terms of Use by this reference (as if fully set forth herein). If there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall take precedence with respect to your use of that area of the Site or other website. Finally, these Terms of Use incorporate by reference any other notices contained on this Site and constitute the entire agreement between you and Company with respect to your access to and use of the Site.

Gluten-Free Food and Products — Warnings and Disclaimers

For purposes of these Terms of Use, the term “gluten” means the proteins that naturally occur in a gluten-containing grain and that may cause adverse health effects in persons with celiac disease (e.g., prolamins and glutelins).

If you suffer from the symptoms of celiac disease, or if you have been diagnosed with celiac disease, you acknowledge, represent and warrant to the Company that you understand that the Company’s foods and products containing “Gluten-free” labeling, or branded as “Gluten-free” products, are labeled and branded according to the requirements of the U.S. Food and Drug Administration promulgated at 21 CFR 101.91 for Gluten-free labeling of food, including, without limitation, that the labeling claim “gluten-free” does not mean that a food product is completely free of gluten, but instead means that the food bearing the “gluten-free” claim in its labeling:
(A) Does not contain any one of the following:
(1) An ingredient that is a gluten-containing grain (e.g., spelt wheat);
(2) An ingredient that is derived from a gluten-containing grain and that has not been processed to remove gluten (e.g., wheat flour); or
(3) An ingredient that is derived from a gluten-containing grain and that has been processed to remove gluten (e.g., wheat starch), if the use of that ingredient results in the presence of 20 parts per million (ppm) or more gluten in the food (i.e., 20 milligrams (mg) or more gluten per kilogram (kg) of food); or
(B) Inherently does not contain gluten, and any unavoidable presence of gluten in the food bearing the claim in its labeling is below 20 ppm gluten (i.e., below 20 mg gluten per kg of food).

You will not order or consume the Company’s gluten-free food products if you suffer from adverse allergic reactions to foods containing up to 20 parts per million (ppm) of gluten in the food (i.e., 20 milligrams (mg) or less gluten per kilogram (kg) of food).

Food Allergies to Tree Nuts – Warnings and Disclaimers

If you suffer from the symptoms of allergies to tree nuts, or if you have been diagnosed to suffer from allergies to tree nuts (e.g. walnuts, pecans, almonds, cashews, coconuts) or foods cooked or baked in oils derived from any tree nuts (e.g. coconut oil) or similar adverse health reactions to food items, you acknowledge, represent and warrant to the Company that you understand that the Company’s foods and products containing “Gluten-free” labeling, or branded as “Gluten-free” products, may be cooked in coconut oil, and you will not order or consume food products if you suffer from allergic reactions to such tree nuts.

Electronic Communications

When you visit the Site or send e-mails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically so that We may respond to your communications. We will communicate with you by e-mail or by posting notices on this Site and you agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any and all legal requirement(s) that such communications be in writing.

Privacy

Please review our Privacy Policy, which also governs your visit to this Site.

Ownership

The Site, in its entirety, including, but not limited to, all design, functionality and content, is the sole and exclusive property of Company (and its content suppliers) and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms of Use, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written consent of Company or the respective owner. You may not use Company’s content, name, logo or other trademarks for any purpose without the express written consent of Company. Any rights not expressly granted herein are reserved exclusively by Company.

Copyright Policy

Company does not permit copyright infringing activities on its Site. Company abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of Company’s response, We will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by sending an e-mail to:  gf@2bwhole.net.

Conduct and Site Security

Any conduct by you that, in Company’s sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Site will not be permitted. The Site may only be used for lawful purposes. You are prohibited from: (a) accessing or using this Site in order to collect information about Site visitors or registered users of this Site; (b) violating or attempting to violate the security of the Site or others accessing the Site; or (c) using any device, software, application, applet or routine to interfere with, or attempt to interfere with, the proper working of this Site or any activity being conducted on this Site. Violations of system or network security may result in civil or criminal liability.

Links

You may create a text-only hyperlink labeled “2 B Whole Web site” to our home page only (www.2B Whole.com). You are not permitted to use a link that “frames” the Company’s Site or that portrays the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any Company logo, graphic or trademark as part of the link without our express written permission. To request permission to use Company’s logo, graphics or trademark or content, please send an e-mail to:  gf@2bwhole.net. Company may revoke, and reserves the right to revoke, any permission for you to link at any time for any reason.

Monitoring

Company reserves the right, but not the obligation, to monitor areas of the Site electronically and to remove information and materials that Company deems, in its sole discretion, to be objectionable. However, subject to the terms of our Copyright Policy, Company expressly disclaims any obligation or warranty to screen or remove objectionable materials. Company further reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Site or to protect Company’s rights or property, or the rights of the other Site users, or our partners, affiliates, sponsors, providers, licensors, or merchants.

Mobile Services

If you choose to receive any wireless or mobile marketing services, you agree to be bound by our Wireless Marketing Services Terms.

Third Party and Co-Branded Sites

Company may provide links on the Site to other web sites (including co-branded web sites) that are not under the control of Company. Company does not assume any responsibility for the operation, content, privacy practices of such web sites or the technology they implement. You agree that you use these web sites at your sole risk. Company in its sole discretion may modify or remove such links at any time and without notice.

Submissions

Company may offer you the opportunity, or you may choose, to submit information or ideas to Company or to other Site users (collectively “Submissions”). We welcome your Submissions. However, by sending such Submissions to Company, you acknowledge that the Submissions will not be treated by Company as confidential and you agree to grant to Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, re-publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media.

Disclaimers

ALTHOUGH COMPANY RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS IS, WITH ALL FAULTS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM COMPANY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (EVEN IF FORESEEABLE, AND EVEN IF THE COMPANY WAS AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES), UNLESS OTHERWISE SPECIFIED IN A WRITING SIGN BY THE CHIEF EXECUTIVE OFFICER OF THE COMPANY. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD).

Indemnities

You agree to defend, indemnify and hold harmless Company and its respective shareholders, members, managers, officers, directors, employees, agents, licensors, licensees, vendors and suppliers from any and all claims, losses, costs, damages, and expenses (including, without limitation, attorneys’ fees and expenses of litigation, arbitration or dispute resolution) arising directly or indirectly out of, or related to, your access or use of the Site or your inability to access or to use the Site or from any services rendered by Company or its contractors in conjunction with the Site or your use of the Site (including fulfilling any purchase order for Company’s products).

Applicable Law

By visiting the Site, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.

Disputes

Any dispute relating in any way to your visit to the Site shall be submitted to confidential binding arbitration in Alpharetta, Georgia, except for intellectual property claims that Company may have against you (which the Company may bring in any court of competent jurisdiction). Arbitration under these Terms of Use shall be resolved exclusively by confidential, final, binding arbitration under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association.

The arbitrator shall apply Georgia law, and the arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. If any part of this arbitration provision is found to be invalid, unenforceable or illegal, the rest of this provision shall remain in effect.

Intellectual Property Claims by Company

In the event of intellectual property claims by Company against you, Company shall have the right to litigate such claims in any state or federal court seated in the State of Georgia, and you irrevocably submit and consent to the exclusive and mandatory jurisdiction and venue in such courts as proper.

No Waiver

Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Contact Us

If you have any questions about these Terms of Use or you would like to receive a copy free of charge, download a copy of these Company Website Policies in PDF format through the following link.

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