Terms of Use

Terms of Use - Rachaelraysale

Welcome to Rachaelraysale (rachaelraysale.com, the “Site”), the official online destination for Rachael Ray’s curated collection of cookware, recipes, fashion, furniture, and lifestyle products. These Terms of Use (“Terms”) govern your access to and use of the Site, including all content, features, and services offered by Rachaelraysale (“Company,” “we,” or “us”). By accessing or using the Site, you (“User,” “you”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase. If you do not agree to these Terms, please do not access or use the Site.

1. Eligibility & Account Creation

To access certain features of the Site (e.g., placing orders, saving favorite products, receiving newsletters), you may need to create an account. We reserve the right to restrict access to the Site or specific features to eligible users who meet the following requirements:

1.1 User Eligibility

  • You must be at least 18 years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement.
  • If using the Site on behalf of a business or organization, you must have the authority to bind that entity to these Terms and our other policies.
  • You may not use the Site if you have previously been banned, suspended, or restricted from accessing the Site by the Company.

1.2 Account Responsibilities

When creating an account, you agree to:
  • Provide accurate, complete, and current information (e.g., full name, email address, password) and update such information promptly if it changes.
  • Maintain the confidentiality of your account password and any security credentials associated with your account. You are solely responsible for all activities that occur under your account, whether authorized by you or not.
  • Notify the Company immediately at service@rachaelraysale.com if you suspect any unauthorized access to or use of your account.
  • Use your account only for personal, non-commercial purposes, unless explicitly permitted by the Company in writing.
We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, abusive, or unlawful activity.

2. Permitted Uses of the Site

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for lawful purposes consistent with these Terms and the Site’s intended functionality. Permitted uses include:
  • Browsing the Site to view product information, recipes, and other content.
  • Creating an account to save favorite products, track order history, and manage preferences.
  • Placing orders for products in compliance with our Terms of Purchase.
  • Submitting feedback, reviews, or inquiries through designated Site features (e.g., contact forms, review sections).
  • Accessing and using recipes for personal, non-commercial cooking purposes.

3. Prohibited Uses

To protect the Site, our users, and our intellectual property, you agree not to engage in any of the following prohibited activities:
  • Unauthorized Access: Attempting to access any restricted areas of the Site (e.g., administrative portals, user data databases) or using automated tools (e.g., bots, scrapers) to access, collect, or extract data from the Site without our prior written permission.
  • Fraudulent Activity: Providing false or misleading information (e.g., fake payment details, incorrect shipping addresses) when creating an account or placing orders, or engaging in identity theft, credit card fraud, or other deceptive practices.
  • Intellectual Property Infringement: Copying, reproducing, distributing, modifying, displaying, or creating derivative works of any Site content (e.g., product images, recipes, brand logos, text) without our explicit written permission, except as permitted by law.
  • Harmful Conduct: Uploading, posting, or transmitting any content that is illegal, defamatory, harassing, obscene, violent, or discriminatory; or introducing malware, viruses, or other harmful code to the Site.
  • Disruption of Services: Interfering with the operation of the Site (e.g., overloading servers, disrupting navigation, manipulating search results) or interfering with other users’ access to the Site.
  • Unauthorized Commercial Use: Using the Site or its content for commercial purposes without our permission (e.g., reselling recipes, using product images to promote third-party products, scraping prices for competitive analysis).
  • Violation of Laws: Using the Site in a manner that violates applicable federal, state, or local laws, regulations, or third-party rights.

4. Intellectual Property Rights

All content and materials on the Site, including but not limited to brand names, logos, trademarks (e.g., “Rachael Ray”), product images, recipes, text, graphics, and software, are the exclusive property of the Company or our licensors and are protected by United States and international intellectual property laws.
  • The “Rachael Ray” name and related trademarks are used with permission from Rachael Ray or her authorized representatives.
  • No license or right to use any intellectual property on the Site is granted to you by these Terms, except for the limited, non-commercial use expressly permitted herein.
  • If you believe that any content on the Site infringes your intellectual property rights, please contact us at service@rachaelraysale.com with details of the alleged infringement (e.g., your contact information, description of the copyrighted work, location of the infringing content).

5. User-Generated Content

The Site may allow users to submit content such as product reviews, recipe adaptations, or feedback (“User-Generated Content,” or “UGC”). By submitting UGC, you grant the Company a perpetual, non-exclusive, transferable, worldwide, royalty-free license to use, reproduce, distribute, modify, display, and publish the UGC for any business purpose (e.g., promoting the Site, improving products, featuring reviews on product pages).
You represent and warrant that:
  • You own all rights to the UGC or have the authority to grant the license described above.
  • The UGC does not infringe any third-party intellectual property rights, privacy rights, or other legal rights.
  • The UGC is truthful, accurate, and does not contain false or misleading information.
  • The UGC does not violate any applicable laws or these Terms (e.g., no defamatory, harassing, or obscene content).
We reserve the right to review, edit, or remove any UGC at our discretion, without notice, if it violates these Terms or is otherwise objectionable.

6. Third-Party Links & Services

The Site may contain links to third-party websites, services, or content (e.g., social media platforms, recipe partners, product manufacturers). These third-party links are provided for your convenience only, and we do not control or endorse the content, privacy policies, or practices of any third-party sites.
You acknowledge and agree that:
  • We are not responsible for the availability or accuracy of third-party sites or their content.
  • Your use of third-party sites is governed by their respective terms of use and privacy policies, not these Terms.
  • We shall not be liable for any damages or losses arising from your use of third-party sites or services.

7. Disclaimer of Warranties

The Site and its content, products, and services are provided “as is” and “as available” without any warranties of any kind, express or implied. To the maximum extent permitted by law, the Company disclaims all warranties, including but not limited to:
  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Warranties that the Site will be error-free, secure, or uninterrupted.
  • Warranties regarding the accuracy, completeness, or reliability of Site content (e.g., product descriptions, recipes).
We do not warrant that any defects in the Site will be corrected, or that the Site is free from viruses or other harmful components. Your use of the Site is at your own risk.

8. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including but not limited to loss of profits, data, or goodwill) arising from or related to your use of the Site, its content, or its services, regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising from or related to these Terms or your use of the Site shall not exceed $100. This limitation does not apply to damages caused by our gross negligence, willful misconduct, or failure to comply with applicable laws, or to damages for personal injury or property damage resulting from our products’ defects (as governed by our Terms of Purchase).

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
  • Your use of the Site or violation of these Terms.
  • Your account activities (whether authorized by you or not).
  • Your User-Generated Content.
  • Your violation of any third-party rights (e.g., intellectual property, privacy, or contractual rights).

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of laws principles. Any disputes arising from or related to these Terms or your use of the Site shall be resolved in the state or federal courts located in Gallatin, Tennessee, and you consent to the personal jurisdiction of these courts.

11. Changes to These Terms

We may update these Terms periodically to reflect changes in our business practices, legal requirements, or Site functionality. When we make material changes, we will post the revised Terms on this page with a prominent notice and update the effective date at the bottom of the document. Your continued access to or use of the Site after the revised Terms are posted constitutes your acceptance of the updated terms. We recommend reviewing these Terms regularly.

12. Termination

We may terminate or suspend your access to the Site at any time, with or without notice, if you violate these Terms, engage in unlawful activity, or if we determine that your use of the Site is harmful to our interests or other users. Upon termination, your right to use the Site will immediately cease, and you must discontinue all access to the Site.
Sections 3 (Prohibited Uses), 4 (Intellectual Property Rights), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law), and 13 (General Provisions) shall survive the termination of these Terms.

13. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and the Company regarding your use of the Site, superseding all prior or contemporaneous agreements, communications, and understandings (whether oral or written).
  • Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.
  • Assignment: You may not assign these Terms or your rights under them without our prior written permission. We may assign these Terms at any time without your consent.

14. Contact Us

If you have questions, concerns, or requests related to these Terms of Use, please contact our customer support team:
  • Mailing Address: Rachaelraysale Legal Department, 425 Stratford Park Boulevard, Gallatin Tennessee 37066, United States
  • Website: rachaelraysale.com
We aim to respond to all inquiries within 3 business days and resolve issues promptly to ensure a positive user experience.