Fresh Thyme Farmers
Market “MyThyme” Terms and Conditions
We are pleased to
offer for your use Fresh Thyme Farmers Market’s “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 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
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 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 December 1st, 2015.
In order to use the Services,
you must register an account with us.
You register an account with us by providing us with your name and other
information. We will treat the
information that you provide to us in connection with registering an account
carefully so that you understand how we treat information about you.
When you create an
you must be a United States resident and of sufficient age and otherwise be
able to enter into a legally binding contract.
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
Using the Services
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:
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.
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.
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.
Warranties. You assume all risk
regarding the content on the Services. The content provided on the Services
is provided on an “as is” and “as available” 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.
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.
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.
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 “scraping”, “spidering” or
“crawling”) 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.
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: [2650 Warrenville
Road, Downers Grove, IL 60515].
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
(“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a
judgment in any court having jurisdiction.
hearing at which the parties appear personally will take place at a location
within the United States federal judicial district in which you reside.
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.
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.
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 [2650 Warrenville Road, Downers Grove, IL 60515].
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
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.
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.
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.
You may not assign this Agreement without our prior written consent.
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