Terms and Conditions

Last modified on September 2, 2016

Terms of Use

We are pleased to welcome you to rachaelrayhome.com (the “Site”). Our content includes information about and images of Rachael Ray’s new line of furniture, including information about retailers which sell Rachael Ray’s line of furniture (“Retailer Sites”).  Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully.  These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Rachael Ray Digital, LLC (“RRD”) and you regarding your use of this Site and supersedes any prior statements or representations. The Site’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.

Access, distribution and/or use of to this Site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on the RRD Site, you are deemed to have accepted these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please do not use this Site.

The Site is controlled and operated on behalf of Rachael Ray Digital, LLC from its offices in the United States of America, and is intended for use in the United States, and its territories and possessions.  RRD makes no representation that the Site, or the materials contained hereon, are appropriate for users located in other countries.  Those who choose to access the Site from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such  laws are applicable.

By accepting these Terms and Conditions, and/or visiting the Site, you affirm, represent and warrant that:  (a) you are 18 years of age or older; (b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms and Conditions; and (d) your use of the Site shall not otherwise violate any applicable law, rule or regulation.

RRD may terminate your right to access and/or use the Site at any time and for any reason whatsoever.  RRD shall not be liable to you for any termination of the Terms and Conditions.

Use of Materials

All material on this Site, including but not limited to software, images, music, text, “applets,” logos and trademarks, along with the overall “look and feel” of the website (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by RRD, or used with permission of the owner(s) of such Material.

Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this site or of any of the Material, in whole or part, without the express permission of RRD, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this Site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. You may not copy, reproduce, download transmit and/or print substantial portions of this Site or of the Material contained hereon without the express written permission of RRD. Any unauthorized use of this Site and/or the Material contained hereon may subject the user to criminal prosecution and/or civil liability under applicable law.

Privacy

Please see RRD’s Privacy Policy incorporated into these Terms and Conditions for information concerning the collection and use of Personal Information from this Site.

Links

From time to time, the rachaelrayhome.com website may contain links to other websites, including links to Retailer Sites, and/or social media features (collectively, “sites”) that are not controlled and/or maintained by RRD.  Access to and use of such other sites is at your own risk and subject to any terms, conditions and privacy policies that govern such sites, which may be different from those of RRD and/or may provide their users with less security than the rachaelrayhome.com website. By providing such links, RRD shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such sites. RRD is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom.  Copyrights in the materials or information on the linked sites are owned by other organizations.  Moreover, such other sites may have privacy policies or terms of use that differ from those of the rachaelrayfurniture.com website and/or may provide there users with less security than this Site.  Accordingly, you should review the privacy policies and terms and conditions on such other sites before using them.

Copyright Infringement Policy

RRD values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others.  If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, §512, you may notify RRD’s Designated Agent in writing as follows:

Name of Designated Agent: Designated Agent privacy@rachaelray.com

In your notice, you must include the following:

  1. (i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
  2. (ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
  3. (iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow RRD to locate such materials;
  4. (iv) contact information (i.e., name, address, email address) sufficient to enable RRD to contact you;
  5. (v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;
  6. (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Limitation of Liability and Use Disclaimer

RRD is not responsible for any damages or loss related to the use of this site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. RRD RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. RRD SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you.  In such jurisdictions, RRD’s liability is limited to the greatest extent allowable under applicable law.

Transmitting and Downloading

RRD is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

RRD does not warrant or represent that this Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.

Electronic Communications

When you communicate with RRD electronically, via email or otherwise, you consent to receive electronic communications from RRD. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by RRD satisfy any legal requirement that such communication be in writing.

Changes in Policy

From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at this site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of this site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms.

These Terms and Conditions of Use were last updated on 9/2/2016 and are effective immediately.

Acquisition of Business

In the event that RRD is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this site and all of RRD’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, RRD will post a notice to such effect on this Site.

Contact Us

If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us at contact@rachaelray.com.

Disputes and Governing Law

These Terms and Conditions of Use shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.  Any dispute concerning these Terms and Conditions of Use or your use of this Site shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association.  To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration initiated pursuant hereto.  If any portion of these Terms and Conditions is deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of these Terms and Conditions will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms and Conditions.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, RRD may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by RRD in the event that RRD believes that there is a violation, or a threatened violation, of any of RRD’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.