These Terms and Conditions & Privacy Policy (the “Terms of Use” or “Agreement”) apply to all uses by you of any website, link, e-mail, agent or electronic communication involving or associated with any service or product of T&K LLC, a Colorado limited liability company (“3rdnut”), including without limitation, the www.3rdnut.com website (the “Website”), all websites or domains associated with the Website or 3rdnut, all such items involving the purchase and sale of products from 3rdnut or via the Website, all interactions between yourself and other participants utilizing the Website or any other transactions involving 3rdnut or the Website.

Using this Website means you agree to follow these rules and to be bound by this Agreement. This Agreement is subject to change without notification to you. Each time you utilize the Website, you are re-affirming your agreement to these Terms of Use and agree to be bound by this Agreement. If you do not agree with any of these Terms of Use, do not use this Website.
BY USING THIS WEBSITE YOU HEREBY REPRESENT AND AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ELIGIBLE TO USE THIS WEBSITE AND PLACE AN ORDER FOR 3RDNUT PRODUCTS AND PARTICIPATE IN 3RDNUT SERVICES. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS WEBSITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

As used herein, the terms “you,” “your,” and “yours” refer to the user or registered user using this Website. The terms “Company,” “3rdnut,” “we,” “us,” and “our” refer to 3rdnut and its related or affiliated companies, officers, directors and affiliates.
3rdnut provides both the opportunity to purchase products from 3rdnut through the Website (the “Products”) and the opportunity to participate in the culture and social networking aspects of the Website (the “Services”). By using the Website, you agree to be bound by this Agreement as it relates to both the Products and the Services.

3rdnut owns all trademarks, copyrights and related intellectual property rights in and to the names, logos and related artistic items used by 3rdnut on the Website or on the Products and Services provided by 3rdnut through the Website.

This Agreement will govern your use of any new features that augment or enhance the current Services now or in the future, however from time to time, new Services or features may be made available on this Website and you may be required to review and agree to additional terms and conditions and/or download software. Unless otherwise provided by the additional terms and conditions applicable to the new Services you use, the additional terms and conditions are hereby incorporated into this Agreement

In addition to this Agreement and any additional terms added hereto, the 3rdnut privacy policy found below (the “Privacy Policy”) will govern how your personal information will be used on this Website or by 3rdnut, and together they form the Agreement. Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

3rdnut reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Agreement as changed. For this reason, you should review these Terms of Use whenever you use this Website.

You own all photos, your likeness and all other content or information that you post to the Website or link to the Website which are covered by intellectual property rights, like photos and videos (“IP Content”). You specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the Website (the “License”), including, without limitation, the right to use your name and likeness only on the Website. This License ends when you delete your IP Content or your account unless your IP Content has been shared with others, and they have not deleted it.

If, notwithstanding the other provisions of this Agreement, 3rdnut is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Website, 3rdnut’s liability shall in no event exceed US Five Dollars ($5.00).
You agree to indemnify and hold 3rdnut, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against 3rdnut by any third party due to or arising out of or in connection with your use of the Website, including, without limitation, any posts by you of information or content to the Website.

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in City and County of Denver, Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between 3rdnut and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

You agree that 3rdnut may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to 3rdnut, for which monetary damages would be inadequate, and you consent to 3rdnut obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies 3rdnut may have at law or in equity.

Except as expressly provided in these Terms of Use, no part of the Website and no 3rdnut content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without 3rdnut’s express prior written consent.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and 3rdnut with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and 3rdnut with respect to such use are hereby superseded and cancelled.

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or any Website content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website or to take any action that would constitute spamming other participants in the Website or would constitute harassment of any participants of the Website.

3rdnut may make changes to any Products or Services offered on the Website, or to the applicable prices for any such Products or Services, at any time, without notice.

We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, logo ideas, business ideas, suggestions or other communications (collectively, “Comments”) sent to 3rdnut shall be and remain the exclusive property of 3rdnut. Your submission of any such Comments shall constitute an assignment to 3rdnut of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. 3rdnut will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. 3rdnut reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
3rd Nut makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Website, or sites linking to the Website. The linked sites are not under the control of 3rdnut and 3rdnut is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by 3rdnut of the site or any information contained therein. When leaving the Website, you should be aware that 3rdnut’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by 3rdnut. The entire content of this Website is copyrighted as a collective work under U.S. copyright laws, and 3rdnut owns a copyright in the selection, coordination, arrangement and enhancement of the content.

The content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. 3rdnut reserves complete title and full intellectual property rights in any content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from 3rdnut.

When you order, we need to know your name, e-mail address, mailing address, phone number, credit-card number and expiration date. This allows us to process and fulfill your orders and to notify you of your order status. You may also voluntarily sign up to be informed about certain offers, which we use to send the information you requested.

When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address, and personal preferences, so we can administer the contest and notify winners. We personalize your shopping experience by using your purchases to shape our recommendations about other merchandise that might be of interest to you. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the Website.

We may also use the information we collect to occasionally notify you about important changes to the Website, new 3rdnut services, and special offers we think you’ll find valuable. If you would like to opt-out from receiving 3rdnut emails, please select the ‘unsubscribe’ feature from any 3rdnut email or contact customer service at customerservice@3rdnut.com.

3rdnut.com Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.

When do we collect information?

We collect information from you when you place an order or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To quickly process your transactions.

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.

However, you will still be able to place orders .

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

We do not include or offer third-party products or services on our website.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
• DoubleClick Platform Integration

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By logging in to your account

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
• Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

3rdNut.com
506 E. St. Elmo
Austin, TX 78745
United States
Customerservice@3rdnut.com

Last Edited on 2016-11-10