Terms of Use

Last Updated: March 06, 2024

Table of Contents

Introduction
Copyright
Trademarks
Product Information
Color Information
Responsibility for your Content
Your Use of Content on the Sites and Limitation of Liability
Your Content Submissions
Content Posted on Social Media Channels
Rachel's Tea Community
Third Party Content and Third Party Sites
Mobile Services
Modification of Content
Reservation of Rights
Disclaimer of Warranties
Disclaimer of Liabilities
Indemnification
DMCA
Fraud Protection Program
Privacy
Waiver
English Language
Dispute Resolution
Agreement to Arbitrate Dispute
Choice of Law/Forum Selection
Severability

1. Introduction

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Rachel’s Tea ("Rachel’s Tea"), including Rachel's Tea (the "Sites"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

If you register for a Rachel's Tea account, you will have four pages associated with your Rachel's Tea account, including a Profile page, Rachel's Tea page, Lists Page (which includes your Loves), and Account page. Your Rachel's Tea page, Lists Page, and Account page are not visible to anyone but you.

Rachel's Tea has an online social community (“Community”). Community allows you to participate in Conversations on the Community Home, join Rachel's Tea Groups, provide Ratings & Reviews, ask and answer in Questions & Answers, receive product recommendations, and post photos in the Rachel's Tea Gallery. These Terms of Use govern your participation in the Community.

If you have not previously registered for a Rachel's Tea account and selected a nickname, you can only create a public Profile page if you affirmatively choose to be a part of the Community. Some of the information you provide in association with the Community can be seen by everyone on your Profile and some information can only be seen by you on your Profile, as indicated below:

Seen by You and Everyone Else on your Profile	Seen only by You on your Profile
Profile and banner photo or default Rachel’s Tea avatar
Nickname
# of Rachel's Tea that you follow and that follow you
Rachel's Tea status
"About You" content created by you
Your Instagram/YouTube handles shared by you
Skin tone and type, hair color and type, eye color, Color IQ, age range (you can adjust your privacy settings in your Profile so that these personal traits are seen only by you on your Profile)	Personal traits such as skin concerns* and hair concerns*
My Groups	Featured Groups
My Recent Conversations	Featured Conversations
My Photos (photos and videos)	Featured Photos
	Review Recent Purchases
	Products Recommended For You
*Even though your skin concerns and hair concerns are only visible to you on your Profile, they will be visible to everyone else on the product page, along with your age range, if you submit a Rating & Review.

For more information about Community, see our Terms of Use.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as our Facebook, Twitter, Instagram, and Youtube, ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but Rachel's Tea does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Rachel's Tea does not own or control, or to the actions of people that Rachel's Tea does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Rachel's Tea reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Rachel's Tea decides to change these Terms of Use, Rachel's Tea will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.

The short and sweet version:

When you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.

2. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2004 Rachel's Tea USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Rachel's Tea and protected by U.S. and international copyright laws. All software used on the Sites is the property of Rachel's Tea or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Rachel's Tea, engaging with the Community or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Rachel's Tea is strictly prohibited. Licensed Under U.S. Patents 7,979,057; 8,150,736; and 9,747,608.

The short and sweet version:

We work hard making the content on our Sites, so we’re protective of what happens to it. Unless you’re placing an order, engaging in Community, or shopping, you need permission from us to use our content elsewhere.

3. Trademarks

Rachel's Tea and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Rachel's Tea and may not be used in connection with any product or service that is not offered by Rachel's Tea in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

The short and sweet version:

Like we said in #2, our Site content is ours. Don’t use it in negative or malicious ways, or to advertise products or services we don’t sell.

4. Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of Rachel's Tea for more information. Rachel's Tea products displayed on the Sites may be available in select Rachel's Tea retail stores in the U.S. and certain foreign markets. All prices displayed on Rachel's Tea are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Rachel's Tea.

All material and information presented by Rachel's Tea is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Rachel's Tea are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Rachel's Tea it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Rachel's Tea does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Rachel's Tea does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Sites and the Community, including any samples Rachel's Tea may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Rachel's Tea. Rachel's Tea reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Rachel's Tea in its sole discretion.

Except where prohibited by law, Rachel's Tea may limit the number of products available for purchase. At the time, clients may be limited to the purchase of 1 Dyson, 3 Chanel, 3 La Mer, 5 Fenty, and 6 Kiehl’s branded items per sku per transaction.

The short and sweet version:

Our products and samples are for personal use, not for resale. That’s why we have a limit on how much you can purchase of certain products or from certain brands.

We’ve taken great care to make sure that the information you read about our products is accurate, but we’re not doctors—we don’t even play doctors on TV. Nothing on our Sites should be interpreted as medical advice. If you have questions about particular products, their ingredients, or their effects, you should talk to a real doctor or health care provider.

5. Color Information

While Rachel's Tea has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

6. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Community or otherwise, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites and a member of Community.

7. Your Use of Content on the Sites and Limitation of Liability

Rachel's Tea provides the Sites and the Community and all other applications and services on the Sites as a forum only. Rachel's Tea is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by Rachel's Tea. Rachel's Tea cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and Rachel's Tea shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Rachel's Tea be liable in any way for any Content, including, but not limited to, for

(i) any errors or omissions in any Content; or

(ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community. The preceding sentence does not apply to New Jersey residents.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Rachel's Tea reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

The short and sweet version:

Take what other users post with a grain of salt; they may have opinions you disagree with, their reviews may be biased, or they may be having a bad day. Interacting with all the content on our Sites is at your own risk. We’re not responsible for services or products offered by others.

8. Your Content Submissions

By submitting Content to Rachel's Tea and participating in the Community, you represent and warrant that:

♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites;

♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Rachel's Tea to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);

♦ You understand that your Content may be utilized and distributed by Rachel's Tea in its marketing materials, including but not limited to, Rachel's Tea, Rachel's Tea emails, social channels, and store materials;

♦ You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, you represent and warrant that:

(a) any statements or testimonials that are included in your Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;

(b) if your Content contains a "look" based on use of various products, then

(i) you actually used any products tagged, shown or mentioned in your Content in conformity with the product instructions,

(ii) the "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in your Content, and

(iii) you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products in your “look”; and

(c) if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting your Content on Rachel's Tea sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), or if you have a material connection to Rachel's Tea or any other company or brand mentioned or tagged in your Content, you have disclosed such fact in such Content clearly and conspicuously;

♦ All "moral rights" that you may have in such Content have been voluntarily waived by you, and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto

♦ All Content that you post is accurate;

♦ You are at least 16 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;

♦ and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;

♦ Does not harm minors;

♦ Does not elicit or provide medical advice;

♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

♦ Is relevant to the product being rated and reviewed or about which a question or answer is submitted;

♦ Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

♦ Is not a form of phishing, and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

♦ Does not impersonate any person or entity, including, without limitation, any Rachel's Tea official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Sites or Community to collect or store personal information about other users.

Rachel's Tea does not endorse any Content or any opinion, recommendation or advice expressed therein, and Rachel's Tea disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to Rachel's Tea through the Community,

(a) such Content is not confidential or proprietary and Rachel's Tea has no obligation of confidentiality, express or implied, with respect thereto;

(b) Rachel's Tea may have something similar to that Content already under consideration or development; and

(c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Rachel's Tea under any circumstances unless you are otherwise notified by Rachel's Tea in writing.

For any Content that you submit, you grant Rachel's Tea a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content (all of the foregoing, collectively, “Publish”) into any form, medium or technology whether now or hereafter known, without compensation to you, for any lawful purpose, including, without limitation, for purposes of advertising and trade. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers (and/or any elements thereof), with third-party brands whose product we sell and with third parties that carry our products (including, without limitation, Kohl’s, Inc.) and adding to your Content links to the ecommerce portions of Rachel's Tea sites and apps (including Rachel's Tea) to enable users to "shop your look" and purchase products (including, without limitation, products that you show, mention or tag in your Content, as well as other products). This license will survive the termination of these Terms of Use and your use of the Site.

The short and sweet version:

When you post content to our Sites, you’re acknowledging that you are posting content on the internet, in public, for everyone to see, use, copy, and share. Please only post content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t beauty by these rules.

You own your content, even after you post it to our Sites. But by sharing with us you’re granting us a non-exclusive license to it, which means we might use it in places like marketing materials.

We know that some Community posts include ideas or business proposals for Rachel's Tea—we don’t pay for unsolicited suggestions like these. And know that when you post ideas like this in public, they’re not covered by any kind of confidentiality or copyright protection.

9. Content Posted on Social Media Channels

From time to time, Rachel's Tea may reach out to you and ask for permission to use content you posted on social media channels (such as, by way of example, Instagram, Facebook, Twitter, TikTok, etc.), including photography, videos, captions, and or related content (your "Social Media Content"). When you agree to allow Rachel's Tea to use your Social Media Content, the terms in this section apply (unless you and Rachel's Tea agree in writing to different terms):

Rachel's Tea will have the worldwide and perpetual right, without payment to you, but not the obligation, to do the following:

To Publish your Social Media Content in Rachel's Tea Community Gallery currently located at Rachel's Tea;
To Publish your Social Media Content in Rachel's Tea marketing materials in any form, medium or technology whether now or hereafter known, including, but not limited to, materials on Rachel's Tea, Rachel's Tea emails, content in social media channels, and in-store materials;
In connection with the foregoing, to add links to the ecommerce portions of Rachel's Tea sites and apps (including Rachel's Tea) to enable users to "shop your look" and purchase products (including, without limitation, products that you show, mention or tag in your Social Media Content, as well as other products); and
To use only specific elements of your Social Media Content (e.g., only your photography, video and/or only excepts from your caption), and to make edits to the Social Media Content, in connection with the foregoing.

You represent and warrant that:

No person other than you appears or is mentioned in the Social Media Content;
You took the photograph or video and have all the rights to the Social Media Content;
You actually used any products tagged, shown or mentioned in the Social Media Content in conformity with the product instructions;
If your Social Media Content contains a "look" based on use of various products, that "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in the Social Media Content, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;
Any statements or testimonials that are included in your Social Media Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
If you have received any compensation, incentive, or other benefit from Rachel's Tea or any third party in exchange for posting the Social Media Content, using any product, or mentioning or tagging any products or brand in your Social Media Content, or if you have a material connection to Rachel's Tea or any other company or brand mentioned or tagged in your Social Media Content, then (i) you have disclosed this clearly in your caption clearly and conspicuously, and (ii) in connection with any use made by Rachel's Tea of your Social Media Content, Rachel's Tea shall have the right to prominently disclose, in a manner determined by Rachel's Tea in its discretion, that you received such compensation, incentive or other benefit; and
You have the right to grant Rachel's Tea the right to use your Social Media Content as set forth in these terms and such use by Rachel's Tea will not violate the rights of any third party.

10. Rachel's Tea Community

The Community is an online social platform located on Rachel's Tea and the Rachel's Tea Application. Community membership is now a prerequisite in order to engage with certain Rachel's Tea platforms, including Groups, Community Home, the Gallery, Ratings & Reviews, and Questions & Answers. You must be age 16 years or older and a legal resident of the United States or Canada to be eligible for Community membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.

In order to become a Community member, you must register for a Rachel's Tea account and a Beauty Insider account and you must select a nickname.

After you become a Community member, some of the information associated with your Community membership can be seen by everyone on your Profile page and some information can only be seen by you on your Profile page. Everyone will be able to see your featured profile photo or avatar and banner photo, your nickname, the number of Beauty Insiders that you follow and that follow you, your Beauty Insider status, your shared “About You” content, and your shared Instagram and YouTube handles. Everyone will also be able to see your skin tone and type, hair color and type, eye color, Color IQ, and age range, unless you adjust the privacy settings on your Profile so that these personal traits are seen only by you on your Profile. Your selected personal traits such as skin concerns and hair concerns are not visible to everyone on your Profile page, but will be visible to everyone, along with your age range, if you post Content to Ratings & Reviews and/or Questions & Answers. Your profile photo or avatar and banner photo, your “About You” content, and your personal characteristics may be edited by you at any time.

Other information is available on your Profile page, including:

My Groups

Any Rachel's Tea Groups that you join based on your interests will appear under My Groups. You can join and leave various Groups at any time. If you do not join any Groups, this tab will be called “Featured Groups” and will be populated with suggested Groups that may be based on your account activity. Featured Groups on your Profile page are only visible to you.

My Recent Conversations

Any conversations that you engage in via Community Home (including those you have previously engaged in on Beauty Talk) will appear under My Recent Conversations. If you do not engage in any Conversations, this tab will be called “Featured Conversations” and will be populated with suggested Conversations that may be based on your account activity. Featured Conversations on your Profile page are only visible to you.

You may also contact Rachel's Tea or a Rachel's Tea directly by clicking “Messages” on your Profile page.

My Photos

Any photographs or videos submitted by you to the Gallery (including those you have previously uploaded to the Gallery) will appear under My Photos. If you don’t submit any photographs or videos, this tab will be called “Featured Photos” and will be populated with suggested Photos that may be based on your account activity. Featured Photos on your Profile page are only visible to you.

My Recent Reviews

Any product ratings and reviews submitted by you (including those you have previously submitted as part of Ratings & Reviews) will appear under My Recent Reviews.

Review Recent Purchases

This area will populate with products you have purchased at Rachel's Tea but not yet reviewed. This section can only be seen by you.

Products Recommended For You

Rachel's Tea will suggest certain products to you under “Products Recommended For You.” This section can only be seen by you.

Rachel's Tea may add new features to Community from time to time.

Unless noted otherwise in these Terms of Use, all information posted in association with your Community membership on your Profile page will be visible to everyone else.

Please email Customer Service at help@rachelstea.com if you have questions about your Rachel's Tea account or your Community membership, including how to privatize your Profile page and to remove some of your Community activity. For example, you have the ability to delete photographs or videos that you have posted to the Gallery and you can delete “About Me” information and deselect certain secondary Rachel's Tea traits (skin concern, hair concern, skin type, and hair type). Customer Service can delete your Ratings & Reviews, Questions & Answers, or posts to the Gallery. Customer Service can also delete your Profile photo/avatar and banner photo. Please note that not all information can be deleted at the present time but any remaining information will not be readily available to other users if you privatize your Profile page and/or delete your Community activity in accordance with the instructions above and do not share your nickname.

The short and sweet version:

When you engage with our Community, there are sections of your profile that only you can see, as well as sections that are visible to other members. You can customize, privatize, or delete your profile by signing into your account or by emailing Customer Service at help@rachelstea.com.

11. Third Party Content and Third Party Sites

Rachel's Tea may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. Rachel's Tea does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Rachel's Tea and such third party. Rachel's Tea does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Rachel's Tea is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Rachel's Tea through the Community, do not necessarily reflect the views of Rachel's Tea.

Third Party Content includes, without limitation, product reviews, ratings, Questions & Answers and other material that was originally posted on Third Party Sites (including, without limitation, websites hosted by brands carried in Rachel's Tea).

The short and sweet version:

Sometimes we may provide content, or link to content, from other websites, including product reviews, Questions & Answers and other material that was originally posted on the websites hosted by brands carried at Rachel's Tea, or links to external sites containing such content, which we don’t own or control. While we’d never intentionally provide any questionable content on our site, or intentionally send you to a site with questionable material, we aren’t responsible for said content.

12. Mobile Services

If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

The short and sweet version:

Rachel's Tea doesn’t charge you for accessing our Sites via mobile, but your carrier may charge you for things like receiving text messages or downloading data. When in doubt, check your plan.

13. Modification of Content

All Content that you submit is not confidential and may be used at Rachel's Tea sole discretion. Rachel's Tea may or may not pre-screen Content. However, Rachel's Tea and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Rachel's Tea and its designees will have the right to remove any Content that Rachel's Tea deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Rachel's Tea does not guarantee that you will have any recourse through Rachel's Tea to edit or delete any Content you have submitted. Rachel's Tea reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, Rachel's Tea reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Rachel's Tea, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Rachel's Tea, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

The short and sweet version:

Sometimes we screen content before it’s posted to make sure it follows our guidelines. If you post something that violates our guidelines, we can remove it.

14. Reservation of Rights

Rachel's Tea reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. Rachel's Tea may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to

(i) comply with legal process;

(ii) enforce these Terms of Use,

(iii) respond to claims that any Content violates the rights of third parties,

(iv) respond to your requests for customer service, or

(v) protect the rights, property or personal safety of Rachel's Tea (and its employees), its users and the public.

The short and sweet version:

Rachel's Tea Sites are provided to you for free and we reserve the right to refuse service to anyone.

15. Disclaimer of Warranties

RACHEL’S TEA IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, RACHEL’S TEA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, RACHEL’S TEA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

16. Disclaimer of Liabilities

RACHEL’S TEA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

This provision does not apply to New Jersey residents.

17. Indemnification

You agree to defend, indemnify and hold harmless Rachel's Tea (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of

(a) your misuse of the Sites and the Community;

(b) your violation of any term of these Terms of Use;

(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or

(e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.

18. DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Rachel's Tea designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

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

Rachel's Tea DMCA designated copyright agent for notice of claims of copyright infringement on the Sites is our General Counsel, Eric Baysinger, who can be reached as follows:

Rachel's Tea

217 Main Street

Crane, MO 65633

E-mail: help@rachelstea.com

417-712-3329

The short and sweet version:

If you see anything on our Site that you believe infringes on your own trademark or copyright, email us at help@rachelstea.com.

19. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates Rachel's Tea published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

The short and sweet version:

If we suspect that you’ve placed an order that’s fraudulent, unauthorized, or illegal, we might refuse to process it and may even cancel your account.

20. Privacy

By submitting your email address in connection with your account, you agree that Rachel's Tea and its third-party service providers may use your email address to contact you about your Rachel's Tea account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. Rachel's Tea Privacy Policy provides further detail on the manner in which Rachel's Tea may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.

The short and sweet version:

We will send you emails based on your account settings, which you can change by signing into your account. Our Privacy Policy also tells you how Rachel's Tea may collect and use your personal information, so it’s worth a read, and you can access it here at Privacy Policy page.

21. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Rachel's Tea failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

22. English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

If a dispute should arise between you and Rachel's Tea, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 417-712-3329 or by sending an email to help@rachelstea.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND RACHEL’S TEA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

The short and sweet version:

If you’re unhappy, the best way to get a resolution is to call 417-712-3329 or email help@rachelstea.com.

24. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Rachel's Tea agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Rachel's Tea intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Rachel's Tea may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at Jamsadr or 1-800-352-5267. To initiate arbitration, you or Rachel's Tea must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at Jamsadr website.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Rachel's Tea will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Rachel's Tea will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Rachel's Tea, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Rachel's Tea.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

In the event any litigation should arise between you and Rachel's Tea in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND RACHEL’S TEA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Rachel's Tea at help@rachelstea.com and providing the requested information as follows:

(1) Your Name;

(2) the URL of Terms of Use and Agreement to Arbitrate Disputes;

(3) Your Address;

(4) Your Phone Number;

(5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

25. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.

26. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Rachel's Tea, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.