Terms and Conditions

Terms of Use: This website, www.RachelMasterKitchen.com (the “Site” or the “website”), is operated by, or on behalf of Rachel Master is committed to providing information and activities relating to Rachel Master Kitchen on the rachelmasterkitchen.com website (the “Site”). Our content includes, but is not limited to, recipes, product information and photos. We strive to promote online safety. 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 Rachel Master and you regarding your use of this site and supersede any prior statements or representations.

Access, distribution and/or use of to this Site are 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 Rachel Master Kitchen 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 by Rachel Master from its office in the United States of America, and is intended for use in the United States, and its territories and possessions by residents of the United States, its territories and possessions. Rachel Master 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 entering and participating in the activities offered on 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; (d) your use of the Site shall not otherwise violate any applicable law, rule or regulation; and (e) you are a resident of the United States.

Use of Materials

All material on this Site including, but not limited to, images, text, videos, logos and trademarks, along with the overall trade dress and “look and feel” of the website (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by Rachel Master, or used with permission of the owner(s) of such Material. Unless otherwise indicated, all Material, and all images, videos, literary works, graphical renderings, artistic content and the like created or derived by Rachel Master that are made available through this website are Copyright ©2020 Rachel Master. All rights reserved.

Except as otherwise indicated on this website, copying, reproduction, public display, public performance, derivative use, modification, incorporation within another work, 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 Rachel Master, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this Site solely for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, watermark, 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 Rachel Master. 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.

Links

From time to time, the RachelMasterKitchen.com website may contain links to other websites and/or social media features (collectively, “sites”) that are not controlled and/or maintained by Rachel Master. 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 Rachel Master Kitchen and/or may provide their users with less security than the rachelmasterkitchen.com website. By providing such links, Rachel Master 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. Rachel Master 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 and Trademarks in and to the materials or information on the linked sites are owned by the respective organizations to which such rights apply. Accordingly, you should review the privacy policies and terms and conditions on such other sites before using them.

User Submitted Content

On certain sections of this Site, you may be permitted to post comments, information, creative works, photographs, recipes or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that Rachel Master has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions or any U.S. or international law.  You further agree and acknowledge that User Content may be edited, removed, or altered by Rachel Master for any purpose without notice, including removal of the User Content from this Site.  Any User Content that you post to this Site is provided by you with your worldwide, perpetual, paid-up, and royalty-free right to use, copy, publically display, publically perform, and make derivative uses of such User Content by Rachel Master in ordinary course of the operation of the Site.  By posting User Content to the Site, you acknowledge and agree that (a) you have full right to copy, upload, post, and display the User Content on the Site; (b) you represent and warrant that such User Content you upload infringes no third party rights of any kind; and (c) Rachel Master offers no indemnification from claims arising for any misuse, infringement, violation of laws or other claims arising from your posting of such User Content on this site or providing the User Content to Rachel Master.

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 as of the date above and are effective immediately.

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 by emailing Rachelmasterkitchen@gmail.com

Disputes and Governing Law

Use of the Site and these Terms and Conditions shall be governed by the laws of the State of Tennessee of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and Conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms and Conditions to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms and Conditions would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms and Conditions. No narrowed construction, modification or invalidation of any portion of the Terms and Conditions shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Rachel Master of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Rachel Master’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you accessing and/or using the Site, you agree that (1) any and all disputes and causes of action you seek to bring arising out of or connected with the Site or the Material shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in Tennessee within one year from the date that the cause of action arose (or, if multiple causes of action 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 (“AAA”); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.

To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Site you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to the Site and/or the Material. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, Rachel Master 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 Tennessee and/or in any other court chosen by Rachel Master in the event that Rachel Master believes that there is a violation, or a threatened violation, of any of Rachel Master’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

© 2020 Rachel Master. All rights reserved.