Overview
Rach’s Place offers two different services: handmade items for purchasing and baking services creating custom confections for special events of all kinds. The following Terms and Conditions apply across all aspects of Rach’s Place; please read through them carefully before accessing the products and services offered by Rach’s Place.
Additional Terms, Conditions, and Policies specifically related to Rach’s Place; Crafty Creations can be found here.
Additional Terms, Conditions, and Policies specifically related to Rach’s Place; Custom Confections can be found here.
Additional Information can also be found in our FAQ’s.
Last Updated: March 2, 2023
Agreement to Terms & Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Rach’s Place (“Company”, “we”, “us”, or “our”), concerning your access to and use of the rachsplace.com website as well as any other media form, medial channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
Supplemental Terms and Conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for the compliance with local laws, if and to the extent local laws are applicable.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions.
Intellectual Property Rights
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Rach’s Place (“Company”, “we”, “us”, or “our”), concerning your access to and use of the rachsplace.com website as well as any other media form, medial channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
Supplemental Terms and Conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for the compliance with local laws, if and to the extent local laws are applicable.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions.
User Representation
By using this Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you have the legal capacity and you agree to comply with these Terms and Conditions; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the site will not violate any applicable law or regulation.
Prohibited Activities
You may not access or use the Site for any purpose that than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Contribution License
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the subject and/or item being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) you reviews should not contain discriminatory references; (4) your reviews should not contain references to any illegal activity; and (5) you may not post any false or misleading statements.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Privacy Policy
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site. Please be advised that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your date to the United States, and you agree to have your data transferred to and processed in the United States.
Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting nay other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and crating anew account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate action, including without limitation pursuing civil, criminal, and injunctive redress.
Modification and Interpretation
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in site interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
United States Legal Compliance
You represent and warrant that (1) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (2) You are not listed on any United States government list of prohibited or restricted parties.
Limitation of Liability
Notwithstanding any damages that You might incur, and not in conflict with the specific policies outlined in each department for their services (i.e Crafty Creations and/or Custom Confections individual policies) the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service, less any shipping costs incurred by the Company.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with who you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to nifty you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Dispute Resolution
You agree that if You have any concern or dispute about the Service, You shall first try to resolve the dispute informally by contacting the Company.
Disclaimer
The Service is provided to You “As-Is” and “As Available” and with all faults and defects without warranty of any kind. You agree that your use of the site and our services will be at your sole risk. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitation set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us here or elsewhere on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligation to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic for of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Rach’s Place
(208) 557-3121
These Terms and Conditions were created based on examples provided by Termly’s Terms and Conditions Generator and examples provided by TermsFeed.
Terms & Conditions
