MyThyme Terms and Conditions
We are pleased to offer for your use MyThyme products and services, which we refer to as Services, for your use to engage with us and find products available at our stores that we hope will be of interest to you. We provide the Services to you for free, and in order to do so your use of the Services is subject to the terms and conditions that we describe to you here.
These terms and conditions are an agreement between you and Lakes Ventures, LLC, a Delaware limited liability company, d/b/a Fresh Thyme Farmers Market, and you agree to these terms and conditions by using the Services. We refer to these terms and conditions as our Agreement with you. Please read this Agreement carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that apply to you and your use of the Services. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION.
The Services are provided by Fresh Thyme Farmers Market and its affiliates and service providers. In this Agreement, words like “we”, “us” and “our” refer to Fresh Thyme Farmers Market and its affiliates and service providers, collectively, and our affiliates and service providers are third party beneficiaries of this Agreement.
This Agreement was last modified on October 3, 2016.
Registering an Account
3. You may access your account using the user ID and password that you select or using your Facebook login. You agree to keep your user ID and password confidential and not share them with anyone else. We may treat any person using your user ID and password to have authority to access your account and act on your behalf with respect to the Services.
Using the Services
4. Information about the Services. The Services are designed to provide you with information about our stores and the products we sell, and incentives to purchase products or to shop at our stores. It is important that you understand how we provide the Services:
a. Any of our Services may be subject to additional terms and conditions, which will be disclosed to you in connection with those specific Services. If there is any conflict between any additional terms and conditions and these terms and conditions, the additional terms and conditions will apply.
b. We may provide incentives to you to purchase certain products or shop at our stores. These incentives are subject to additional terms and conditions, which will be disclosed to you in connection with those specific incentives.
c. We may provide store location information about where you may find the products included in the Services based on data that is available to us. We may not list every store location that carries these products. We also cannot guarantee that a store location we list has the product in stock at any given time. If discovering a store location does not carry a product when you go to that store location will cause an issue for you, you should contact the store location to confirm availability of the product before going to that store location.
5. Disclaimer of Warranties. You assume all risk regarding the content on the Services. The content provided on the Services is provided on an Ņas isÓ and Ņas availableÓ basis and we, our licensors and our suppliers make no representation or warranty about the accuracy or reliability of the content, or that it is complete, current or timely, or that the content will be uninterrupted or error free. WE, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, OR TIMELINESS OF DELIVERY. The content on the Services is not intended to be used as the sole basis for any decision and is based upon data provided by third parties, the accuracy and/or completeness of which it would be impossible or commercially unreasonable for us, our licensors or our suppliers to verify. It is your responsibility to confirm all content regarding products that is provided on the Services by checking the product packaging and other information provided by the product manufacturer. In no event will we, our licensors, or our suppliers be liable for any damages (including, without limitation, incidental and consequential damages or personal injury/wrongful death) resulting from the use of or inability to use any content on the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, or our suppliers are advised of the possibility of such damages. The sole remedy for any error in any content on the Services is the correction of such error in a reasonably prompt timeframe following written notice of such error to us.
6. Limitation on Liability. NEITHER WE NOR ANY OF OUR THIRD PARTY LICENSORS, SERVICE PROVIDERS OR SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. IN NO EVENT WILL OUR AGGREGATE CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED $100.
7. License to use the Services. We grant you a non-exclusive, non-transferable, limited right to access, display and use the Services, including all of the content of the Services, such as images and product data, which we refer to collectively as “Content”, for your personal, non-commercial purposes. With respect to the Content: (i) you will not obtain any ownership or title to the Content; (ii) you may use the Content solely for your personal use and not for any commercial purposes; (iii) you may not modify the Content, or sell, assign or transfer the Content to any person; (iv) you may not reproduce, disclose, display or distribute the Content in any public or commercial manner; and (v) you will not alter or remove any copyright notice, proprietary legend or other notice contained in any Content. All rights in the intellectual property relating to the Services and any Content are reserved, and you agree not to take any action to register or otherwise interfere with or challenge any intellectual property rights relating to the Services or the Content.
8. Restrictions on Use. You will not: (i) disrupt or interfere with the security of, or otherwise abuse, the Services, or any services, system resources, accounts, servers or networks connected to or accessible through the Services; (ii) use any automated means to use the Services or access Content for any purpose; (iii) extract data from the Services (sometimes referred to as ŅscrapingÓ, ŅspideringÓ or ŅcrawlingÓ) or otherwise use Content for any purpose other than as expressly permitted under this Agreement, including without limitation to determine our product categorization hierarchy, determine product characteristics, or use product information available on the Services to create or contribute to a database of product information, store locations, or other data; (iv) use the Services in any manner that could disable, overburden, damage, or impair this Services, or disrupt or interfere with any other person’s access, use or enjoyment of the Services; (v) upload, post or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; (vi) use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Services; (vii) attempt to obtain unauthorized access to the computer systems that we use to operate the Services which are restricted from general access; or (viii) violate any local, state or federal laws or regulations that Apply to your access to or use of the Services.
9. You and we understand that both you and we would have had a right or opportunity to litigate disputes relating to the Services through a court and to have a judge or jury decide the case, but you and we choose to have any disputes resolved through arbitration.
10. Any controversy or claim (which we refer to collectively as a Claim) arising out of or relating to the Services, including but not limited to this Agreement, or the breach thereof, or information provided by or obtained through the Services, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Fresh Thyme Farmers Market, 2650 Warrenville Road, Suite 700, Downers Grove, IL 60515, attn: General Counsel.
11. You and we are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (ŅFAAÓ), 9 U.S.C. ¤¤ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
12. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside.
13. You and we will each be responsible for paying their own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, we will pay your arbitration fees due to the AAA; for a larger Claim, we will consider any request to pay your fees due to the AAA. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. We will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed, or appealed to a different court. The arbitrator will apply all applicable substantive law.
14. YOU AND WE UNDERSTAND THAT YOU OR WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE OUR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT YOU AND WE CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
15. You can reject the arbitration provisions of this Agreement by providing us written notice, signed by you, within thirty (30) days of registering your account with us. Please send the written notice to Fresh Thyme Farmers Market, 2650 Warrenville Road, Suite 700, Downers Grove, IL 60515, attn: General Counsel.
16. You will indemnify, defend and hold harmless us and our respective affiliates, third party licensors, service providers and all of their respective officers, directors, employees and agents from and against any and all loss, liability, cost, damages and expense, including attorneys’ fees, which arise out of or are related to your use of the Services, except to the extent that we fail to perform our express obligations to you under this Agreement.
Changes to this Agreement
17. We reserve the right, at our sole discretion, to modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when made available via the Services. Your continued use of the Services after any changes to this Agreement are made available will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of the Services, including the availability of any features of the Services, at any time. We also may impose limits on certain features and services, restrict your access to part or all of the Services, or terminate you use of the Services at any time and without notice or liability.
18. Choice of Law. This Agreement and the your and our respective rights and duties shall be interpreted and governed in accordance with the laws of the State of Illinois, regardless of its choice of law principles.
19. Severability. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration provisions in this Agreement shall be unenforceable.
20. Assignment. You may not assign this Agreement without our prior written consent.
21. Entire Agreement. This Agreement constitutes the entire understanding between you and us regarding the subject matter of this Agreement and supersedes any previous communications, representations or agreements, whether written or oral.