Terms of Service

Last modified: June 13, 2026

PLEASE NOTE: THESE TERMS ARE SUBJECT TO MANDATORY ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER DESCRIBED IN SECTION 14. WITH LIMITED EXCEPTION, THIS REQUIRES YOU TO SUBMIT CLAIMS TO BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 14.9. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY SERVICES PROVIDED BY COOK & GATHER.

These Terms of Service and Sale (the “Terms”) are a legal agreement between you and Cook & Gather (“we,” “us,” “our”). These Terms apply to individuals that use our website, applications, and related features (collectively, “Sites”); participate in contests or sweepstakes; purchase our products or services (collectively, “Products”); and/or otherwise interact with our Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

We may revise these Terms at any time. Your continued use after changes means you accept them.

Contents

  • Eligibility

  • Account Registration

  • Intellectual Property

  • User Content and Feedback

  • Acceptable Use

  • Terms of Sale

  • Privacy

  • Links to Other Websites

  • Disclaimer of Warranties

  • Limitation of Liability and Release

  • Indemnity

  • Modification and Termination

  • Mandatory Arbitration and Class Action Waiver

  • Text Messaging

  • Controlling Law

  • General Terms

  • Copyright Policy

  • Contact Us

Eligibility

You must be over the age of majority in your jurisdiction to use the Services. If you are under that age, your parent or legal guardian must agree to these Terms on your behalf. You may not use the Services if we have previously suspended or removed you.

Account Registration

You may need to create an account. You are responsible for keeping your login credentials confidential. You are responsible for all activity under your account. Notify us immediately of any unauthorized use at [email protected].

Intellectual Property

All content on the Services (text, images, logos, software, etc.) is owned by Cook & Gather or its licensors and is protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or exploit any content without our permission. We grant you a limited, revocable license to access and use the Services for personal, non‑commercial use.

User Content and Feedback

Any content you post (reviews, comments, etc.) remains yours, but you grant us a perpetual, worldwide, royalty‑free license to use, modify, and display it. If you send us ideas or suggestions (“Feedback”), we may use them without compensation. You are solely responsible for your User Content and represent that it does not violate any third‑party rights.

Acceptable Use

You may not: harass others; attempt to hack or disrupt the Services; scrape data; post illegal or obscene material; spam; impersonate anyone; or violate any law. Violation may result in termination of your access.

Terms of Sale

Products and Prices

All Products are subject to availability. Prices may change without notice. We try to be accurate but do not warrant that product descriptions, colors, or other information are error‑free. If an error occurs, we may cancel your order and refund you.

Orders

We reserve the right to refuse or cancel any order for any reason. Payment must be received before we accept an order.

Promotions

From time to time we offer discount codes or special offers. Each offer has its own terms. Only one offer per order, and cannot be combined unless allowed. Offers are not redeemable for cash.

Resale

Products are for personal use only. We may cancel orders if we suspect commercial resale.

Payment Information

By providing a payment method, you represent that you are authorized to use it. We (or our processor) will charge your card for the total amount, including taxes and shipping.

Taxes

You are responsible for any applicable sales or use taxes.

Shipping, Title, Risk of Loss

Shipping times are estimates. Title and risk of loss pass to you when the product is handed to the carrier (or when you pick it up, if applicable).

Returns and Exchanges

You may return or exchange Products in accordance with our Returns Policy (see our Returns page). Gift cards are final sale.

Third‑Party Products

We may sell products made by third parties. We are not responsible for those products.

Limited Warranty

We do not offer any express warranties except as may be stated in a specific product warranty. Some Products may be covered by the manufacturer’s warranty (Our Place). For all other Products, they are sold “as is” – see disclaimer below.

Gift Cards

Gift cards are subject to our Gift Card Terms (available upon request).

Referral Program

If we offer a referral program, it will be governed by separate terms.

Privacy

Our Privacy Policy explains how we collect and use your information. It is incorporated into these Terms.

Links to Other Websites

Our Site may link to third‑party sites. We are not responsible for their content or practices.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, COOK & GATHER PROVIDES THE SERVICES AND PRODUCTS “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.

Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOK & GATHER AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM (OR $100 IF NO PURCHASE WAS MADE). THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are a California resident, you waive California Civil Code §1542.

Indemnity

You agree to indemnify and hold Cook & Gather harmless from any claims, damages, or expenses arising from your use of the Services, violation of these Terms, or your User Content.

Modification and Termination

We may modify or discontinue the Services at any time. We may terminate your account or access for any reason, with or without notice.

Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.

Application

Except as provided below, any dispute or claim between you and Cook & Gather arising out of or relating to these Terms or the Services (including purchases) shall be resolved by binding individual arbitration, not in court.

Exceptions

Either party may bring an individual action in small claims court (if within that court’s jurisdiction) or seek injunctive relief for intellectual property infringement in a state or federal court in Palm Springs, California.

No Class Actions

You agree that any arbitration will be conducted only on an individual basis. You waive the right to bring or participate in any class, collective, or representative action.

Arbitration Procedure

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held by video or telephone, unless the arbitrator decides an in‑person hearing is necessary. The arbitrator’s award may be entered in any court.

Opt‑Out Right

You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending an email to [email protected] with subject line “ARBITRATION OPT OUT” and your name, address, and email.

Governing Law for Arbitration

The Federal Arbitration Act applies.

Text Messaging

If you provide your mobile phone number and opt in, you agree to receive automated promotional text messages from us. You may opt out at any time by replying STOP. Message and data rates may apply. We do not share text messaging opt‑in data with third parties for marketing.

Controlling Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

General Terms

  • Time to file claim: Any cause of action must be filed within one year after it accrues, or it is permanently barred.

  • Force majeure: We are not liable for delays caused by events beyond our reasonable control.

  • Severability: If any provision is invalid, the rest remain enforceable.

  • Entire agreement: These Terms constitute the entire agreement between you and Cook & Gather.

Copyright Policy

We respect intellectual property rights. If you believe your copyright has been infringed, please send a notice with the required information to:

Cook & Gather – Copyright Agent
190 West Amado Road, Palm Springs, CA 92262
Email: [email protected]

Contact Us

Cook & Gather
190 West Amado Road, Palm Springs, CA 92262
Email: [email protected]
Phone: (760) 322-0881