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 13. WITH LIMITED EXCEPTION, THIS REQUIRES YOU TO SUBMIT CLAIMS TO BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 13.9. 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 your use of our website, applications, and related features (collectively, the “Services”), including purchasing our products (“Products”). By accessing or using the Services, you agree to be bound by these Terms.

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

1. Eligibility

You must be at least 18 years old or 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.

2. Account Registration

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

3. 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 use the Services for personal, non‑commercial use.

4. 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. Any feedback or suggestions you send us may be used by us without compensation. You are solely responsible for your User Content.

5. Acceptable Use

You may not: harass others; 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.

6. 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 or colors 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.

Promotions – Discount codes and special offers are subject to their own terms. Only one offer per order 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 – By providing a payment method, you authorize us (or our processor) to charge it for the total amount, including taxes and shipping.

Taxes – You are responsible for any applicable sales or use taxes.

Shipping – Shipping times are estimates. Title and risk of loss pass to you when the product is handed to the carrier.

Returns – See our Returns page for our return policy. Gift cards are final sale.

Third‑Party Products – We may sell products made by third parties. We are not responsible for those products.

7. Privacy

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

8. Links to Other Websites

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

9. 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.

10. Limitation of Liability

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.

11. 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.

12. 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.

13. Mandatory Arbitration and Class Action Waiver

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

13.1 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.

13.2 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.

13.3 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.

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

13.5 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.

13.6 Governing Law for Arbitration – The Federal Arbitration Act applies.

14. 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.

15. Controlling Law

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

16. 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.

17. 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]

18. Contact Us

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