Terms of Service

Local Thyme, LLC

General Terms and Conditions of Use

Local Thyme encourages your use of localthyme.com and localthyme.net (the “Site“).  Please read these terms and conditions (“Terms and Conditions”) carefully before using this Site, as the use of this Site constitutes your acceptance of these Terms and Conditions.  Your access and use of this Site is subject to the Terms and Conditions and all applicable laws.  If you do not agree to abide by these Terms and Conditions, do not use the Site or download material from the site.

  • Our Services.  Local Thyme provides you with original recipes (“recipes“) that correspond with our member farms’ Community Supported Agriculture (“CSA“) shares.  Each week, we will post new recipes to the Site that is customized to your CSA box.  You are also able access and post comments on the Site’s Menu Archive and access our Members Forum, where you can interact with other CSA members.
  • Copyright and Trademark.  The Site and the materials, photographs, logos or other content contained on the Site (“Materials“) are subject to U.S. and international copyright and trademark laws.  Local Thyme reserves it rights under these laws and except as specifically permitted below, modifying, copying, displaying sharing or distributing any of the Materials contained on this Site is strictly prohibited.  However, you may print, copy, reproduce or download one copy of each Recipe posted on the site for your personal, noncommercial use.  You agree you will not share, copy, display, distribute or otherwise use the Menus for any use other than your own personal use.
  • Copyright Complaints.  Local Thyme respects the intellectual property rights of others and we remove content that is reported to us pursuant to the Digital Millennium Copyright Act (“DCMA”) (17 U.S.C. §512).  To report an infringement of your intellectual property rights, please click on here.  If you feel that content you posted on this Site has been removed in error pursuant to a claim of copyright infringement, please click here.  Please note that under DCMA, Section 512(f), any person who knowingly materially misrepresents that content is infringing, or that content was removed or disabled by mistake or misidentification may be subject to liability for damages resulting from such misrepresentation including but not limited to attorneys fees.
  • Restricted Content.  Local Thyme wants to create a safe, fun and friendly atmosphere.  By using the Site you agree not to post pornographic, offensive, hateful, shocking, disgusting, harassing, threatening, insulting, obscene or unlawful content or content that infringes on trademarks or copyrights or other individual proprietary rights (the “Restricted Content”).  Local Thyme reserves the right, at its sole and exclusive discretion, to remove any content, including but not limited to Restricted Content, posted on the Site.  Local Thyme takes no responsibility and assumes no liability for content posted by you.
  • Third-Party Sites.  This Site may be linked to other sites that are not maintained by  Local Thyme (“Third-Party Sites”). If you use any of the Third-Party Sites, you will leave this Site. Local Thyme is not responsible for the content of the Third-Party Sites. Links to Third-Party Sites do not constitute an endorsement from Local Thyme or that any Third-Party Site is authorized to use Materials of Local Thyme. It is your responsibility to evaluate the content and usefulness of the Third-Party Sites. If you decide to visit any of the Third-Party Sites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
  • Jurisdiction. This Site is controlled, maintained, and serviced by Local Thyme within the State of Wisconsin, United States of America. Local Thyme controls and operates this Site from its headquarters in Madison, Wisconsin, United States of America. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Wisconsin, by accessing this Site both you and Local Thyme agree that the statutes and laws of the State of Wisconsin, without regard to conflicts of laws principles, exclusively will govern the construction of these Terms and Conditions and all matters relating to the use of this Site. You and Local Thyme also consent, and hereby submit, to the exclusive personal jurisdiction and exclusive venue of the Circuit Court of Dane County, Wisconsin, or the United States District Court for the Western District of Wisconsin with respect to all matters relating to the use of this Site.
  • Warranty Exclusions. LOCAL THYME MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND AS TO (1) THE ACCURACY, COMPLETENESS, RELIABILITY, USE OF OR THE RESULTS OF THE USE OF THE MATERIALS, CONTENT AND THIRD-PARTY SITES, (2) THE AVAILABILITY FOR USE OF ANY COPYRIGHTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY APPEAR ON THIS SITE, (2) WHETHER SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (4) WHETHER ANY MATERIALS OR CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH MATERIALS CONTENT AND THIRD PARTY SITES SHALL BE AT YOUR SOLE RISK.  LOCAL THYME RESERVES THE RIGHT, IN ITS SOLE DISCRETION, BUT WITHOUT OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. LOCAL THYME MAY MAKE ANY OTHER CHANGES AT ANY TIME WITHOUT NOTICE TO THE SITE.  WITHOUT LIMITING THE FOREGOING, THIS SITE AND THE MATERIALS AND CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.
  • Limited Liability. NEITHER LOCAL THYME NOR ANYONE WHOSE MATERIALS OR INFORMATION APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY COSTS, LOSSES, OR DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF, USE OF (OR YOUR INABILITY TO USE), OR RELIANCE ON THIS SITE, ANY OF THE CONTENTS OF THIS SITE OR ANY THIRD-PARTY SITES, EVEN IF THERE IS NEGLIGENCE OR LOCAL THYME OR AN AUTHORIZED LOCAL THYME REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. The exclusion on consequential and incidental damages may not apply to you, to the extent that applicable law may not allow the exclusion of consequential and incidental damages. Local Thyme’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the amount, if any, you paid specifically to access this Site.
  • Indemnification. ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO AN ENTITY’S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, THAT USES THIS SITE AGREES TO DEFEND, INDEMNIFY, AND HOLD LOCAL THYME, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY AND ALL (1) LOSSES, CLAIMS, DAMAGES, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION BY SUCH PERSON OR ENTITY RELATING TO THAT PERSON’S OR ENTITY’S USE OF THIS SITE AND (2) ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY SUCH PERSON OR ENTITY.
  • Entire Agreement. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  Any agreement that varies these Terms and Conditions must be made in writing and signed by you and Local Thyme. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
  • Access. Local Thyme reserves the right, at its sole discretion, to restrict access to the site or terminate your account at any time, without notice or liability.

Local Thyme reserves the right, in its sole and exclusive discretion, to revise these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when made and posted to the Site. Since you are bound by all revisions made by Local Thyme, you should review this page each time you connect to the Site. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

REPORTING COPYRIGHT INFRINGEMENT

If you believe content posted to the Site infringes on your or another person’s protected rights under copyright law, please notify Local Thyme in writing by notifying our designated agent at:

Local Thyme, LLC
118 Forest Street, Madison WI 53726
608-334-9067
info@localthyme.com

Notification should include the following information:

  • Your physical electronic signature if you are the owner of the allegedly infringed copyright or a party authorized to act on behalf of the owner
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
  • Your name, address, phone number and email address
  • A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the allegedly infringed copyright, or that you are the owner authorized to act on behalf of the owner.

COPYRIGHT COUNTER NOTIFICATION PROCEDURES

If you believe that content you posted to the Site has been removed by Local Thyme in error pursuant to a report of copyright infringement, please notify Local Thyme in writing by emailing our designated agency at:

Local Thyme, LLC
118 Forest Street, Madison WI 53726
608-334-9067
info@localthyme.com

Notification should include the following information:

  • Your physical or electronic signature.
  • Identification of the content that has been removed and the location of the material prior to its removal.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of The United States District Court of the Western District of Wisconsin.