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Please read these terms and conditions of use carefully before using this site.

By using this site, RachaelRaymag.com and its related sites, you signify your assent to these terms of use (the "Terms of Use"). If you do not agree to all of these Terms of Use, do not use this site! The content on this site is provided by The Reader's Digest Association, Inc., the publisher of Every Day with Rachael Ray (collectively "Every Day with Rachael Ray") and its licensors and content providers.

Every Day with Rachael Ray may revise and update these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes. As used herein, the term "Site" refers to RachaelRaymag.com, the online home of Every Day with Rachael Ray magazine.

USE OF CONTENT
This Site and any and all content on or available throughout the Site, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, "Content") is owned by Every Day with Rachael Ray, its licensors or content providers. You may not modify, publish, transmit, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part except as follows: Every Day with Rachael Ray authorizes you to download on one computer a single copy of the material on this Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2009, Every Day with Rachael Ray and its licensors. All rights reserved." and all other applicable copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items provided on this Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or termination without notice in the editorial discretion of Every Day with Rachael Ray. All rights not expressly granted herein are reserved to Every Day with Rachael Ray and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
Certain pages of this Site may relate to the topic of health. The Content of these pages, and all pages of the Site, are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, seek appropriate help such as calling your doctor or 911 immediately. Every Day with Rachael Ray does not recommend or endorse any specific health-related tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Every Day with Rachael Ray, its licensors, others appearing on the Site or other visitors to the Site is solely at your own risk.

The Site may contain health or medically-related materials that you find sexually explicit or otherwise offensive. Every Day with Rachael Ray, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

CHILDREN'S PRIVACY
Every Day with Rachael Ray is committed to protecting the privacy of children. You should be aware that this Site is not generally intended or designed to attract children 17 years old and younger. We do have certain content that addresses children 17 years and younger in our Family Matters section. Every Day with Rachael Ray does not collect personally identifiable information from any person it actually knows is a child 17 years old and younger. To further learn of our privacy commitment, please refer to the Privacy Policy.

LIMITATION ON LIABILITY OF EVERY DAY WITH RACHAEL RAY AND ITS LICENSORS
When using the Site, information will be transmitted using a medium that is beyond the control and jurisdiction of Every Day with Rachael Ray and its suppliers. Accordingly, Every Day with Rachael Ray assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.

This Site and the Content are provided on an "AS IS" basis. EVERY DAY WITH RACHAEL RAY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. EVERY DAY WITH RACHAEL RAY, ITS AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Site or any web site with which it is linked. Price information and promotions are subject to change without notice. Without limiting the foregoing, Every Day with Rachael Ray and its affiliates, licensors and suppliers make no representations or warranties about the following:
1. The software, text, graphics, links, or communications provided on or through the use of this Site or related material from Every Day with Rachael Ray.
2. The satisfaction of any government regulations requiring disclosure of information on any products (e.g. prescription drugs) with regard to the Content contained on this Site.
In no event shall Every Day with Rachael Ray, its affiliates, licensors, suppliers, or any third parties mentioned on this Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not Every Day with Rachael Ray is advised of the possibility of such damages. Every Day with Rachael Ray is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Communities (as defined below) or for any other breach by you of these Terms of Use. Any claims arising in connection with your use of the Site, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

SUBMISSIONS
By submitting any recipe, review, photograph, image, story, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a "Submitted Item") to Every Day with Rachael Ray, either online or offline, or in connection with a contest entry or, and whether or not solicited by Every Day with Rachael Ray, you hereby acknowledge that such Submitted Item is not confidential and you hereby grant to Every Day with Rachael Ray an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, modify, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party. You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item, and its use by Every Day with Rachael Ray as contemplated herein, does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Every Day with Rachael Ray’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Every Day with Rachael Ray to effect, perfect and confirm the license granted to Every Day with Rachael Ray to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Every Day with Rachael Ray and Every Day with Rachael Ray is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the web site or otherwise used by Every Day with Rachael Ray, we will include your name in conjunction with such publication, posting or use. By submitting a Submitted Item, you hereby grant Every Day with Rachael Ray the right to use your name in connection with the publication, use or posting or other use of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name (and possibly city and state) and not your e-mail address will be published with your Submitted Item.

INTERACTIVE AREAS OF THE WEB SITE
The web site may include personal profiles, discussion forums, blogs, social networking services or other interactive areas ("Interactive Areas") in which you or third parties may create, post or store content, messages, comments, images, materials or other items on the web site. If you use these Interactive Areas, you should be aware that any personal information you post on the web site or provide to others through the web site may be read, collected and used by others and may be posted on publicly available portions of the web site. Such information may be retained indefinitely, and may be saved by caching services on the Internet. You may elect to restrict user access to certain information you post to those you have accepted as "friends" by using the available privacy settings. Please be aware, however, that although we endeavor to use commercially reasonable efforts to implement these restrictions and honor these designations, no system or security measure is perfect or impenetrable, and therefore, we cannot guarantee that this information will not be available to others. We recommend you be cautious in giving out personal information to others in public or private online forums. We are not responsible for personal information you chose to post in Interactive Areas of the web site or the use by third parties of such personal information.

SCREENING, REMOVAL AND DISCLOSURE
Although Every Day with Rachael Ray has no obligation to screen, edit or monitor any of the User Material posted in any Interactive Area, Every Day with Rachael Ray reserves the right to, at our sole discretion, monitor, screen, remove, take down, edit, move, destroy or delete any User Material and Submitted Items at any time and for any reason or no reason without notice, including, but not limited to User Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the web site at your sole cost and expense. We may access, use and disclose transaction information about your use of our web site, and any Material and Submissions transmitted by you via or in connection with our web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

TERMINATION
Every Day with Rachael Ray reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this web site, to block or prevent future access to and use of this web site, and to remove and discard any User Material and Submitted Item. Every Day with Rachael Ray also reserves the right, at any time in its sole discretion, and without notice, to discontinue the web site or any features or services available through the web site. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the web site at your sole cost and expense.

DMCA NOTICE
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Every Day with Rachael Ray not to permit materials known by Every Day with Rachael Ray to be infringing to remain on the Site. You should notify Every Day with Rachael Ray promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Every Day with Rachael Ray’s receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Every Day with Rachael Ray will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

APPLICABLE LAW
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing the State of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Please contact the Every Day with Rachael Ray representative listed at the bottom of this section for copyright infringement notices only.

If you have a question about your Every Day with Rachael Ray account, a general question, or any other Customer Care inquiry, please visit our Customer Care web site, send us an e-mail, or call us toll free at:
Our postal address is:
Every Day with Rachael Ray
PO Box 8038
Red Oak, IA 51591-1038

You can also reach us via email at EveryDayService@RD.com or call 1-800-305-7991.

To provide notice of claimed copyright infringement only contact:
The Reader's Digest Association, Inc. Reader's Digest Road Pleasantville, New York 10570-7000 attn: Beth Clerc beth_clerc@rd.com telephone : (914) 244-5620 fax: (914) 244-5390

It is the policy of Every Day with Rachael Ray to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

THE ONLINE COMMUNITIES
Every Day with Rachael Ray is happy to introduce within the Site various online communities, such as bulletin boards, mail lists, photogalleries, recipe reviews, chat rooms/events or other public forums (collectively, the "Communities"). The Communities are a service intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Communities can be an informative experience for all. Every Day with Rachael Ray encourages your participation but asks you to remember that you are responsible for the content of messages you post. Every Day with Rachael Ray make every attempt to review every message posted but might not be able to do so.

Please read carefully the policies below, which are in addition to, and not in place of, the Terms of Use. If you cannot comply with these policies and the Terms of Use, please do not use the Communities. As a member of the Communities provided by Every Day with Rachael Ray, you acknowledge and agree to the following: 1. You agree to respect the opinions and feelings of others.
2. The information you submit to the Communities shall not be deemed confidential, and shall be publicly available to third parties. You agree not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
3. Content available through the Communities is provided "AS IS," and you are solely responsible for your reliance on and use of such content. Every Day with Rachael Ray is not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
4. You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, hateful, abusive, embarrassing to any other person or entity, or that is otherwise inappropriate.
5. You agree not to use the Communities for any purpose in violation of local, state, national, or international laws or regulations.
6. You agree not to upload to or distribute or otherwise publish through the Communities any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
7. The Communities may be used only for non-commercial purposes. You agree not to, without the express approval of Every Day with Rachael Ray, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
8. You shall remain solely responsible for the content of messages you post. Every Day with Rachael Ray make every effort to review every message posted in the Communities but might not be able to do so, and is not responsible for the content of these messages.
9. All messages, information or other materials submitted to the Communities become the property of Every Day with Rachael Ray, and all title and interest therein, including all rights of copyright, shall vest with Every Day with Rachael Ray at the time they are posted. Messages, information or other materials posted to the Communities are subject to use by Every Day with Rachael Ray and its licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Every Day with Rachael Ray to post or use such materials.
10. Your participation in the Communities is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms of Use, you agree to indemnify, defend and hold harmless Every Day with Rachael Ray, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney's fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Communities. You agree to cooperate as fully as reasonably required in the defense of any such claim.
11. You agree not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including e-mail addresses) without their consent; or post the same note more than once or "spam."
12. You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Site, or which, in the judgment of Every Day with Rachael Ray, exposes Every Day with Rachael Ray or any of its affiliates, licensors, licensees, customers or suppliers to any liability or detriment of any type.
13. If you become aware of a violation of these policies, please notify Every Day with Rachael Ray by sending a detailed e-mail message to EveryDayService@RD.com. br />
If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled "DMCA Notice" in these Terms of Use.

Every Day with Rachael Ray reserves the right (but is not obligated) to do any or all of the following: 1. Record the dialogue submitted through the Communities.
2. Investigate an allegation that a communication(s) do(es) not conform to these policies and/or the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s).
3. Delete, move or edit communications that are determined, in the sole discretion of Every Day with Rachael Ray, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
4. Terminate a user's access to any or all of the Communities and/or this Site upon any breach of these policies and/or the Terms of Use.
5. Monitor, edit or disclose any communication posted in the Communities.
6. Edit or delete any communication(s) posted in the Communities or anywhere on this Site, regardless of whether such communication(s) violate these standards. Every Day with Rachael Ray reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Every Day with Rachael Ray has no liability or responsibility to users of this Site or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.


ADVERTISEMENTS AND LINKS TO OTHER SITES
Every Day with Rachael Ray does not endorse the content on any third-party web sites. Every Day with Rachael Ray is not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement. Every Day with Rachael Ray does not endorse any product advertised on this Site simply because it is advertised on the Site . Your use of third-party web sites is at your own risk and subject to the terms of Use of use for such sites. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of Every Day with Rachael Ray.

INDEMNITY
You agree to defend, indemnify and hold harmless Every Day with Rachael Ray, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions to the Site, your violation of any rights of another, or your use of any content on or accessible through the Site.

TRADEMARKS
The marks, tradenames, logos, titles, designs and trademarks under which Every Day with Rachael Ray and its affiliates do business are trademarks of Every Day with Rachael Ray, its affiliates or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms of Use, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.

GENERAL
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.

JURISDICTION
Every Day with Rachael Ray is based in New York, New York, in the United States of America. Every Day with Rachael Ray makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Every Day with Rachael Ray, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute, including any claim involving Every Day with Rachael Ray and/or any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.

COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the Site, these Terms of Use constitute the entire agreement between you and Every Day with Rachael Ray with respect to the use of this Site, and Content. Your use of this Site is also subject to the Every Day with Rachael Ray Privacy Policy.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use. If you have questions or comments regarding this Site, please go to our Talk To Us page or send a letter to Every Day with Rachael Ray, 16 E. 34th St., 14th floor, New York, NY 10016, attn: RachaelRaymag.com.

Policy last updated May 2009