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This website, design and contents (“Site”) is owned by Thymes and/or licensed to us. The Site is protected by law, including, but not limited to, United States copyright law and/or international treaties and other international law. Any unauthorized Use (as defined below) of any design, content, features or functionality contained or made available by this Site is a breach of your contractual obligations hereunder, other relevant agreement(s) you have with us, and may also be in violation of copyright or trademark laws, privacy, publicity, communications regulations and statutes.
Accessing, logging-in, viewing the Site pages, purchasing goods and/or services, interacting with the various available Site functions, inputting information, copying, linking or any other similar activities with and in the Site collectively constitute “Use” (including the various grammatical variations thereof).
We may periodically audit your Use of the Site. In the event we conclude, at our discretion, that your Use is in violation of this Contract, we may temporarily or permanently block your access to the Site. This remedy is in addition to any other remedy available at law, the exercise of which shall be undertaken at our sole discretion.
WE RESERVE THE RIGHT TO CHANGE AND/OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME. We are not obligated to provide you with advance notice. The most current version of the Contract will supersede all previous versions.
This Contract does not alter in any way the terms and conditions of any other contract you may already have with us.
Your Account: You are solely responsible for ensuring your username and password are protected from public disclosure. You are also solely responsible for all Use under your username and password. You may not share, assign or transfer your username or password to any other person.
Copyright: Without limiting any of the foregoing, all content in this Site, including, without limitation, meta-data, data, text, pictures and graphics and the selection and arrangement thereof, is copyrighted materials of Thymes ©YYYY, ALL RIGHTS RESERVED, or of the original author thereof. You may not “mirror” any content contained in this Site on any other server, or deep link into any other page on this Site without our prior, express written permission. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any content displayed on the Site, without our prior, explicit written consent. If you granted us permission to share a picture and/or text that you posted on a social website or application, you understand and agree that no offer of compensation was made to you and that you are solely responsible for any and all liability arising from infringement of a third party’s intellectual property rights.
Trademarks: All trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Thymes and/or its licensors. These Trademarks may not be copied, imitated or used, in whole or in part, without our prior, explicit written permission. Nothing in this Contract confers on you any right of ownership to any of the Trademarks. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Site, without our prior, explicit written consent.
Hyperlinks: Any third party links provided in the Site are provided solely for your convenience. We do not review, endorse nor make any representations about such sites, and your use of these sites is at your own risk. You agree that we will not be responsible or liable to you under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with your use or reliance on these third party sites.
Limited Access: You agree you will not use, directly or indirectly, any bot, spider, or other automatic method or means, nor any manual processes to copy any part or content of this Site. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action, directly or indirectly, that we, in our sole discretion, conclude imposes an unreasonable or disproportionately large load on any components of our computer infrastructure or that of our service providers.
Additional Use Restrictions: You may not post, intercept, transmit, email, retransmit or store material on, from and/or through the Site, which, in our sole judgment: (i) violates any local, state, federal or foreign law or regulation, (ii) is threatening, harassing, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity, or (iii) violates the rights of any person, including rights protected by copyright, trademark, trade secret, patent or other intellectual property or similar laws or regulations. You will be solely responsible for determining and complying with any and all laws and regulations that are applicable to your Use.
By way of illustration, neither of which shall be deemed exhaustive, the following activities are prohibited:
A. Upload, post, email or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
B. Impersonate any person or entity, including, but not limited to, another employee (e.g., a colleague), a Thymes employee, officer, director or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
C. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted through this Site or develop restricted or password-only access pages or images;
D. Upload, post, email or otherwise transmit any data that infringes any patent, trademark, trade secret, copyright or other proprietary and/or confidentiality rights of any party;
E. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation; and
F. Upload, post, email or otherwise transmit any data that contains malware.
CUSTOMER PRODUCT RATINGS AND REVIEWS; CONTENT LICENSE
If you choose to submit a rating or review using our Customer Ratings and Review service, you represent and warrant that:
For any content that you post, you grant us a perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, delete, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Additionally, you grant us the right to use your email address to contact you regarding your review and other administrative purposes. Once you post, we cannot guarantee that you will have any recourse to edit or delete it.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO FEATURES AND FUNCTIONALITY, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THYMES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE AND ITS CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THYMES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) THOSE RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
Thymes does not endorse and is not responsible for statements, advice and/or opinions made by anyone other than authorized Thymes’ representatives. WITHOUT LIMITING ANY OF THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; ANY LOSS OF DATA; ANY LOSS CAUSED BY MALWARE; ANY LOSS OF INCOME OR PROFIT; ANY LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND MALWARE CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).
You may have other statutory rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in this Contract may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the imitations and exclusions set out in this Contract shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
You will indemnify and defend Thymes from any loss, liability, claim, demand, damage or expense (including reasonable legal fees) asserted by any third party relating in any way to your Use of the Site or breach of this Contract. Any settlement you agree to shall not, under any circumstances, impose an unindemnified obligation on us without our prior explicit written consent, which may be withheld at our discretion. Without limiting the application of neither this section, nor any of its other rights under applicable law, Thymes reserves the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you.
MISCELLANEOUS & GOVERNING LAW
If any provision in this Contract is held by a court of competent jurisdiction to be invalid, then such provision shall be construed as nearly as possible to correspond with Thymes’ intentions and without prejudice to Thymes as the drafter and the remaining provisions in the Contract shall remain unaffected. Our failure to exercise or enforce any right or provision of this Contract shall not constitute a waiver of such right or provision, unless previously and explicitly agreed to by us in writing. The section titles in this Contract are solely used for convenience and have no independent legal significance. This Contract may be assigned in whole or in part by us, but this Contract may not be assigned by you. This Contract shall be governed by and construed in accordance with the laws of the State of Minnesota, notwithstanding any conflict of laws provisions or rules. You unequivocally, irrevocably and unconditionally: (i) consent to the exclusive jurisdiction of the state and federal courts sitting in Hennepin County, Minnesota for any litigation or dispute arising out of relating to this Contract; (ii) agree to waive a trial by jury; (iii) agree not to commence any litigation arising out of relating to this Contract in any other jurisdiction; and (iv) agree not to plead or claim that such litigation is being brought in an inconvenient forum.
ACCESS OR DELIVERY TO MOBILE NETWORK IS NOT GUARANTEED
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control and we are not responsible or liable for issues arising from them.
To receive our text messages, you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to prove that you are at least 18 years of age.
ARBITRATION AND CLASS ACTION WAIVER
Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than litigation of such dispute or claim in a court of law.
This Section of the Thymes, LLC’s Mobile Terms and Conditions regarding arbitration is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and the Thymes, LLC hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to these Mobile Terms and Conditions, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Mobile Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE THYMES, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND THE THYMES, LLC AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and the Thymes, LLC are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The Thymes, LLC, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This Section regarding arbitration does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
Thymes welcomes your questions or comments regarding this Contract. Any questions should be directed to email@example.com.
Last revised on September 30, 2022.