Terms of Use

These Terms of Use apply to the Meyer Corporation, U.S. (“Meyer”): Rachaelray.com, also referred to herein as “Meyer Site” or “Site.”

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. Your use of the Site is expressly conditioned on your compliance with and acceptance of the following terms and conditions. By using the Site, you signify your assent to these terms and conditions and the related privacy policy. If you do not agree with any part of the following terms and conditions, do not use the Site.

1. OWNERSHIP

The Site, and each of its components, are the copyrighted property of Meyer, and its affiliates, various third-party providers and distributors. Portions of the content found on any of the Site may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on any of the Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Meyer and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and common-law trademarks of Meyer, its affiliates, and various third parties. Nothing contained on any of the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Meyer or such other party that may own the Trademark.

2. USE OF A SITE

You may only use the Site to browse the content, make inquiries to Meyer, order Meyer products and not for any other purposes. The Site and the content provided in the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Meyer, except that you may download, display and print one copy of the materials presented on the Site on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of the Site and the materials contained on any of the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You may share links from the Site with others or post them on social media Site, however, you are prohibited from posting to or transmitting from the Site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Meyer provides links from the Site to other websites for your information and convenience. Meyer does not assume any responsibility or liability with respect to any website linked from any of the Site (or any website linking to the Site), including its content and operation. Meyer does not review or monitor such links. Except for links available through the “store locator” function, a link from any of the Site to another website (or a link from another website to the Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While the Site may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other site. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Meyer (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Site).

3. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur because of the use of any of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your Access Codes (defined hereafter).

4. PRIVACY

You represent that you have read the privacy policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Meyer and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. THESE MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY.

6. PASSWORDS

When you order you will be given the opportunity to create an account. In that regard, you will be permitted to create your own username and passwords (“Access Codes”). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes assigned to you.

7. EMPLOYMENT

From time to time, Meyer may place vacancy announcements on the Site, seeking applications from candidates who desire employment with Meyer or one of its related entities. However, Meyer is not under any obligation to screen or review any applications or to offer any vacancy announcement or other employment opportunities. As a result, Meyer does not certify the existence, type or quality of the jobs posted, the accuracy of the listings, the suitability of any job opportunities to candidates or the continued existence of the job after posting. The Site and all job-related information they contain are provided “AS IS.” MEYER MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE JOB-RELATED OR OTHER INFORMATION PROVIDED ON THE SITE. Meyer does not guarantee that any employment position will be offered to any of the candidates submitting information. By using the Site, you assume the risk that the information on the Site may be incomplete, inaccurate, out of date, or that a specific posting may not meet your needs and requirements. You also agree that any information you submit, whether or not it is in response to any posted vacancy, is truthful and complete.

8. SUBMISSIONS

“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Meyer regarding the products or services of Meyer. Submissions will not be confidential and will become the property of Meyer upon submission to Meyer. By providing any Submissions, you agree to assign to Meyer, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Meyer will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Meyer, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Except as expressly stated and agreed upon in advance by Meyer, no confidential relationship shall be established if any user of the Site should make any oral, written or electronic communication to Meyer (such as feedback, questions, comments, suggestions, ideas, etc.). If any Meyer website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Meyer shall obtain, use and maintain it in a manner consistent with our privacy policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Meyer shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Meyer is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

9. PRODUCT AND SERVICE AVAILABILITY

Reference to any product or service on any of the Site constitutes an offer to sell or supply that product or service and does not mean that the product or service is available when you order it. Meyer manages all or portions of the Site in the United States of America. Meyer does not imply that the materials on any of the Site are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.

We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order and sold out by the time your order is processed. If an item is in your shopping cart when you place your order but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.

10. COLORS

Meyer attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate.

11. BACKORDERS (OUT OF STOCK)

Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. We will notify you if a backorder situation exists.

12. PRICES AND AVAILABILITY

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Site does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.

13. ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order.

14. SALES TAX

Sales tax charges are based on state and local tax laws and tax rates for the delivery address of your order. Where required, tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the taxes you paid for that item. You will not receive a refund for the taxes you paid on the shipping and handling of that item, as the shipping and handling charges are nonrefundable once an item has been shipped. Please note that on-screen order totals reflect estimated tax. The actual charge to your credit card will reflect all applicable taxes calculated at the time your order is shipped.

15. REGISTRATION AND SECURITY

By entering the Site you have confirm that you are of legal age in the state in which you reside. If you wish to purchase any products or use certain services on the Site, you must provide certain minimum the required information to us. By entering any information on the Site, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any Access Codes that you have chosen. Remember that you are responsible for all activity that occurs under your account or Access Codes. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We will use all information provided to us in accordance with our privacy policy.

If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately 1-877-399-2110. We may delete or change any Access Code at any time and for any reason.

16. MOBILE MESSAGING

Meyer, our agents or delivery partners may call or text by telephone regarding your account, your ongoing or completed transactions with us or delivery of your purchases. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us. For more information regarding our mobile messaging practices, please see our Mobile Message Service Terms and Conditions (link to Section 26, below).

17. PAYMENT

You are responsible for any payments due for any products or services ordered through your account. You shall also be responsible for any costs of collection for overdue payments.

18. RELATIONSHIP

Your use of the Site is independent of Meyer and not as an employee, agent, partner, or joint venturer with Meyer for any purpose. We will permit our independent sales representatives to access portions of any of the Site.

19. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, United States of America, in all questions and controversies arising out of your use of any of the Site and this Agreement. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

20. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

21. MODIFICATION

Meyer may at any time modify these Terms of Use in our discretion without notice. Your use of any of the Site will be conditioned upon the Terms of Use posted on our site at the time of your use. Please be sure to review our privacy policy before proceeding to use the Site.

22. ADDITIONAL TERMS

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by such other terms and conditions.

23. HEADINGS

The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

24. COPYRIGHT ACT AGENT

Meyer respects the intellectual property rights of others and requires that the people who use any of the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Meyer Corporation, U.S.

One Meyer Plaza

Vallejo, CA 94590

Attention: Frank Conway

Email: legal@meyer.com

25. ENTIRE AGREEMENT

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.

26. HOW TO CONTACT US

If you have any comments or questions, please do not hesitate to contact us. or you may submit your questions at Customer Support Knowledge Base.

MOBILE MESSAGE SERVICE TERMS AND CONDITIONS

These terms and conditions apply to SMS text messages sent by Meyer. These messages can be recurring or one-time SMS text messages.

You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code or number, as applicable. If you want to restart the text messages, you will need to provide your consent again.

If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to Meyer as part of this service. Meyer may use this information to contact you and provide services you request from Meyer, including the delivery of messages related to Meyer service and product offerings, promotions, delivery information, or other reminders. Meyer may also use this information as described in the subscription list you’ve enrolled in. Meyer may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at privacy policy.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If enrolled in a subscription, the maximum number of messages per month you will receive will vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Meyer provides, contact us.

Meyer will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.