Terms of Use

Last Updated: October 24, 2023

Please review these Terms of Use carefully.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND COOK BROTHERS ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Welcome to the website provided by Cook Brothers (as defined below). These Terms of Use govern your access to and use of the Cook Brothers Sites (as defined below) among other things. By using the Cook Brothers Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Cook Brothers Sites is unauthorized. Use of the Cook Brothers Sites is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Cook Brothers Sites. To register on the Cook Brothers Sites, you may be asked to provide your real name, address, phone number, e-mail address, and valid credit card information. You will only use the Cook Brothers Sites for your own internal use, and not on behalf of or for the benefit of any third-party. You will comply with all laws that apply to you, your use of the Cook Brothers Sites, and your actions and omissions that relate to the Cook Brothers Sites. If your use of the Cook Brothers Sites is prohibited by applicable laws, then you are not authorized to use the Cook Brothers Sites. Cook Brothers can’t and won’t be responsible for your using the Cook Brothers Sites in a way that breaks the law.

We’re always trying to improve the Cook Brothers Sites, so such may change over time. Cook Brothers may suspend or discontinue any part of the Cook Brothers Sites, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Cook Brothers Sites. We reserve the right to remove any Content (as defined below) from the Cook Brothers Sites at any time, for any reason, in Cook Brothers’s sole and absolute discretion, and without notice.

As we are constantly trying to improve the Cook Brothers Sites, these Terms of Use may need to change along with the Cook Brothers Sites. Accordingly, Cook Brothers reserves the right to change or modify the Cook Brothers Sites, any of the terms and conditions contained in these Terms of Use, or any policy governing the Cook Brothers Sites at any time.

Cook Brothers offers the Cook Brothers’s Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Cook Brothers Sites and/or purchasing something from Cook Brothers and/or the Cook Brothers Sites, you engage in our “Service” and agree to be bound by these Terms of Use, including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Cook Brothers Sites, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of Content.

Please read these Terms of Use carefully before accessing or using the Cook Brothers Sites. By accessing or using any part of the Cook Brothers Sites, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions in these Terms of Use, then you may not access the Cook Brothers Sites or any Cook Brothers services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province or residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use the Cook Brothers Sites. You may not use our Products and/or the Cook Brothers Sites for any illegal or unauthorized purpose nor may you, in the use of the Cook Brothers Sites, violate any laws in your jurisdiction (including, but not limited to, intellectual property laws).

Cook Brothers reserves the right to refuse service to anyone for any reason at any time. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Cook Brothers Sites or services, without the express prior written consent of Cook Brothers.

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of use.

In these Terms of Use the following terms shall have the means ascribed to each such below:

When we say “Cook Brothers,” we mean Cook Bros., Inc and Cook Brothers Inc., and any subsidiaries of Cook Brothers, Inc. (including any subsidiaries that Cook Brothers Inc. may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Cook Brothers as “we,” “us” and “our.” But when we say “Cook Brothers Entities,” we mean Cook Brothers; its suppliers, vendors, contractors, and licensors.

When we say “Cook Brothers Sites,” we mean www.CookBrothers.com, and all related functionality, services, and Content offered by or for Cook Brothers on or through www.CookBrothers.com and the servers, and networks used to make the Cook Brothers Sites available.

When we say “you” or “your” we mean any user of any Cook Brothers Site and any person who has notice of these Terms of Use.

When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Cook Brothers on the Cook Brothers Sites (and any updates by Cook Brothers to these Terms of Use and those terms and policies).

When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials).

When we say “make available,” we mean post, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available.

When we say “Materials,” we mean Content that Cook Brothers Entities make available on or through the Cook Brothers Sites.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Cook Brothers’s liability explained in Sections 10 and 11, respectively.

UPDATES: Cook Brothers reserves the right to change any of the terms and conditions contained in these Terms of Use or any policies or guidelines governing the Cook Brothers Sites, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the Cook Brothers Sites. You are responsible for reviewing any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE COOK BROTHERS SITES AND THE SERVICES OFFERED BY COOK BROTHERS FOLLOWING COOK BROTHERS’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, DO NOT CONTINUE TO USE THE COOK BROTHERS SITES.

You certify that the Content you provide on or through the Cook Brothers Sites is accurate and that the information you provide on or through the Cook Brothers Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN, to the extent applicable. Cook Brothers is not responsible for any losses arising out of the unauthorized use of your account. You agree that Cook Brothers does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Cook Brothers Sites. You agree that Cook Brothers is not a party to any such agreement, nor is Cook Brothers responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole and absolute discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Cook Brothers Sites or any portion of the Cook Brothers Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Cook Brothers Sites or any portion of the Cook Brothers Sites.

In connection with the Cook Brothers Sites, you will not:

Make available through or in connection with the Cook Brothers Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

Remove any copyright, trademark, or other proprietary rights notice from the Cook Brothers Sites.

Cause injury to any person or entity.

Violate any law, rule, or regulation, or these Terms of Use.

You will not use the Cook Brothers Sites or Cook Brothers’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Cook Brothers trademark, logo, URL, or product name without Cook Brothers’s prior written consent.

Cook Brothers and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Cook Brothers Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.

Cook Brothers is not responsible if information made available on the Cook Brothers Sites is not accurate, complete or current. The Material on the Cook Brothers Sites is provided for general information only and should not be relied upon or used as the sole basis of making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Material on the Cook Brothers Sites is at your own risk.

The Cook Brothers Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Cook Brothers Sites at any time, but we have no obligation to update any information on the Cook Brothers Sites. You agree that it is your obligation to monitor changes to the Cook Brothers Sites and/or to these Terms of Use.

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS (IF ANY) ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE COOK BROTHERS ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

The Cook Brothers Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third-parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Cook Brothers Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Cook Brothers has no liability to you for Content on the Cook Brothers Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

Cook Brothers is not responsible for, and cannot guarantee the performance of, goods and services provided by third-parties, including any supplier or vendor, our advertisers, or other third-parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Cook Brothers Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the Product before using or consuming the Product. For additional information about a Product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a Product is not as described, your sole remedy is to return it in unused condition (excluding Products that are not eligible for return), in accordance with Cook Brothers’s Return Policy (see below). It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign rules, restrictions, regulations and laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

Prices listed on the Cook Brothers Sites for the Products are subject to change without notice. Cook Brothers reserves the right at any time to modify or discontinue any service or Product (or any part thereof) without notice at any time. Cook Brothers shall not be liable to your or any third-party for any modification, price change, suspension or discontinuance of any service and/or Products on the Cook Brothers Sites.

Certain Products or services may be available exclusively online through the Cook Brothers Sites. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (see below). We reserve the right, but are not obligated, to limit sales of the Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Products or services that we offer on the Cook Brothers Sites. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole and absolute discretion of Cook Brothers. We reserve the right to discontinue any Product at any time. Any offer for any Product or service on the Cook Brothers Sites is void where prohibited by law. We do not warrant that the quality of any Products, services, information, material or merchandise purchased or obtained by you on the Cook Brothers Sites will meet your expectations, or that any errors in service will be corrected.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your CookBrothers.com account. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Cook Brothers reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Cook Brothers also reserves the right, at our sole and absolute discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Cook Brothers for the purpose of engaging in a commercial sale of the same Product(s) to a third-party.

In addition to any other remedies available to it, Cook Brothers may in its sole and absolute discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Cook Brothers Return Policy (see below).

Cook Brothers cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Cook Brothers Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Cook Brothers reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Cook Brothers. Cook Brothers may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for Products may be different on the Cook Brothers Sites or from prices available in the physical Cook Brothers store location.

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. Promotional codes are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

We reserve the right to refuse any order you place with Cook Brothers. We may, in our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors/wholesalers.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with any applicable shipping guidelines and restrictions. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Cook Brothers Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Some Products may be available for pick up at the physical Cook Brothers store location. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

The Cook Brothers Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights with respect to the Cook Brothers Sites (collectively, the “IP”) are owned or controlled by or licensed to Cook Brothers, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Cook Brothers to use the Cook Brothers Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third-party in a commercial manner.

No license, right, title, or interest in the Cook Brothers Sites or any Materials is transferred to you as a result of your use of the Cook Brothers Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Cook Brothers Sites. The Cook Brothers Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Cook Brothers Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Cook Brothers Sites and Materials is the exclusive property of Cook Brothers and is also protected by U.S. and international copyright laws.

COOK BROTHERS and the COOKBROTHERS.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Cook Brothers Sites are trademarks or trade dress of Cook Brothers in the U.S. and other countries. All other marks are the property of their respective companies. You hereby grant Cook Brothers a worldwide, non-exclusive, royalty-free license to use your Content to the extent necessary for the purpose of operating the Cook Brothers Sites.

 

You acknowledge that any personal information that you provide through the Cook Brothers Sites will be used by Cook Brothers in accordance with Cook Brothers’s Privacy Policy (see below), which may be updated by Cook Brothers from time to time. If you purchase an item on Cook Brothers.com sold by a Cook Brothers supplier, Cook Brothers may share certain information with that supplier to permit that supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to Cook Brothers and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship.

The Privacy Policy (see below) may be changed by Cook Brothers in the future. You should check the Privacy Policy (see below) frequently for changes. Unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Cook Brothers Sites or disclosed to you by Cook Brothers, except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Cook Brothers Sites and/or the physical Cook Brothers store location may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy (see below). If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

THE COOK BROTHERS SITES, AND ALL CONTENT, MATERIALS, MERCHANDISE, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COOK BROTHERS SITES, AND/OR THE PHYSICAL COOK BROTHERS STORE LOCATION, ARE PROVIDED BY COOK BROTHERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO COOK BROTHERS ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COOK BROTHERS SITES OR THE CONTENT, MATERIALS, MERCHANDISE, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COOK BROTHERS ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COOK BROTHERS ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND PRODUCTS OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE COOK BROTHERS SITES IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY COOK BROTHERS TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE COOK BROTHERS SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE COOK BROTHERS SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO COOK BROTHERS ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE COOK BROTHERS SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, THE COOK BROTHERS SITES ARE PROVIDED ON AN “AS IS” BASIS. COOK BROTHERS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

b. THAT THE COOK BROTHERS SITES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;

c. THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE COOK BROHTERS SITES WILL BE AS REPRESENTED BY THE COOK BROTHER SUPPLIERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION OR FIXED PRICE SALE, LAWFUL TO SELL, OR THAT THE COOK BROHTER SUPPLIERS WILL PERFORM AS PROMISED;

d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COOK BROTHERS. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COOK BROTHERS DISCLAIMS ANY AND ALL SUCH WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COOK BROTHERS ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE (INCLUDING, BUT NOT LIMITED TO, PUNITIVE DAMAGES) EVEN IF AN AUTHORIZED REPRESENTATIVE OF A COOK BROTHERS ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO COOK BROTHERS ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE COOK BROTHERS SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO COOK BROTHERS ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SUPPLIER, SHOPPER, OR OTHER USER OF THE COOK BROTHERS SITES.

You agree to defend (at Cook Brothers’s option), indemnify, and hold the Cook Brothers Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Cook Brothers Sites or any breach by you of these Terms of Use. Cook Brothers reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Cook Brothers if and as requested by Cook Brothers in the defense and settlement of such matter.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COOK BROTHERS, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY COOK BROTHERS OR THE COOK BROTHERS ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND COOK BROTHERS AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

Class Action and Mass Action Waiver.

YOU AND COOK BROTHERS AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Cook Brothers each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action (as defined below) to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands (as defined below) with common questions of law or fact against Cook Brothers within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Cook Brothers for you.

Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or Cook Brothers by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: Cook Brothers Inc. Legal Department, 1740 N. Kostner Ave, Chicago, IL 60639. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to Section 13 of these Terms of Use. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

You or Cook Brothers may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
The parties shall have the right to conduct such discovery from the opposing party or any third-party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.

The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Cook Brothers shall attend all arbitrator calls, conferences, and hearings.

A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.

If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

The arbitrator will follow these Terms of Use and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

You or Cook Brothers may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within thirty (30) days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

Process for Arbitration Bellwether Demands.

If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms of Use, You and Cook Brothers agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 13 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 13 of these Terms of Use. If the FAA is found not to apply to any portion of Section 13 of these Terms of Use, then the applicable laws of the State of Illinois shall apply without regard to choice-of-law principles.

These Terms of Use are effective unless and until terminated by you or Cook Brothers. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Cook Brothers Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Cook Brothers Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Cook Brothers, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Cook Brothers Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Cook Brothers Sites,” “Materials Available on the Cook Brothers Sites,” “Merchandise,” “Placing an Order with Cook Brothers,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” “General,” “Return Policy” and “Privacy Policy”.

A. These Terms of Use represent the complete agreement and understanding between you and Cook Brothers and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Cook Brothers. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 13 above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. Except as provided in Section 13 above, these Terms of Use shall be interpreted and governed by the applicable laws of the State of Illinois without regard to choice-of-law principles. The failure of Cook Brothers to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Cook Brothers’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Cook Brothers Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

B. All notices will be sent by e-mail or will be posted on the Cook Brothers Sites. We will send notices to you at the e-mail address maintained in Cook Brothers records for you. You will monitor your e-mail messages frequently to ensure awareness of any notices sent by Cook Brothers. You will send notices to us at our current e-mail address published on the Cook Brothers Sites. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed U.S. Mail, postage paid, First Class mail properly addressed or personally delivered by express courier such as Federal Express. First Class mail is properly addressed if sent by us to the address maintained in Cook Brothers’s records for you. First Class mail is properly addressed if sent by you to the current address published by Cook Brothers on the Cook Brothers Sites. First Class mail is deemed received three business days after it is deposited in the U.S. Mail. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.

C. Cook Brothers retains the right to immediately halt any auction or fixed price sale, prevent or restrict access to the Cook Brothers Sites, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the procedures and guidelines contained in these Terms of Use.

D. Cook Brothers is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from these Terms of Use is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Cook Brothers and you.

E. Cook Brothers will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Cook Brothers. No delay or omission by Cook Brothers in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Cook Brothers’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of Cook Brothers’s right to subsequently enforce such provision or any other provisions of these Terms of Use.

F. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. Cook Brothers does not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Cook Brothers Sites or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us with personal information, please contact us.

G. You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your use of the Cook Brothers Sites, including, but not limited to, your purchase of any Products from the Cook Brothers Sites.

H. We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that, if we provide such, that we provide access to such tools “as-is” and “as available” without any warranties, representations or conditions or any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, should any such be provided on the Cook Brothers Sites. Any use by you of optional tools offered through the Cook Brothers Sites, if any, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers. We may also, in the future, offer new services and/or features through the Cook Brothers Sites, and such features and services shall be subject to these Terms of Use.

I. Certain content, products and services available via the Cook Brothers Sites may include material from third-parties. Third-party links on the Cook Brothers Sites may direct you to third-party websites that are not affiliated with Cook Brothers. Cook Brothers is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

J. Occasionally there may be information on the Cook Brothers Sites or in any services we provide that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Cook Brothers Sites is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Cook Brothers Sites, including, without limitation, pricing information, except as required by law. No specific update or refresh date applied on the Cook Brothers Sites should be taken to indicate that all information on the Cook Brothers Sites has been so modified or updated.

The Cook Brothers Sites may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Cook Brothers will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Cook Brothers has the right, but not the obligation, to monitor any activity and content associated with the Cook Brothers Sites. Cook Brothers may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Cook Brothers Sites, including listings and bids. Cook Brothers reserves the right and has absolute discretion to remove, screen, or edit any Content that violates these provisions or is otherwise objectionable.

Cook Brothers also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third-parties. In order to cooperate with governmental requests, to protect Cook Brothers’s systems and customers, or to ensure the integrity and operation of Cook Brothers’s business and systems, Cook Brothers may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.

We may use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your account on the Cook Brothers Sites (your “Billing Account”) for the purchase of any Products on the Cook Brothers Sites. The processing of payments will be subject to the terms, conditions, and privacy policies of the applicable Payment Processor in addition to these Terms of Use. We are not responsible for any error by, or other acts or omissions of, any Payment Processor.

By choosing to purchase any Products on the Cook Brothers Sites, you agree to pay through the applicable Payment Processor all charges for any such purchase of Products on the Cook Brothers Sites in accordance with the applicable payment terms, and you authorize us through the Payment Processors to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that a Payment Processor makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issue, or other providers of your chosen Payment Method. If we do not receive payment from you, you agree to pay all amounts due on your account upon demand.

By submitting feedback, ideas, ratings, reviews, or suggestions (“Feedback”) to Cook Brothers, publicly through Cook Brothers Sites, web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of Cook Brothers without any obligation of Cook Brothers to you; (b) your Feedback does not contain confidential or proprietary information of you or any third-party; (c) Cook Brothers may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) Cook Brothers may have something similar to the Feedback already under consideration or in development, and (e) you are not entitled to any compensation or reimbursement of any kind from Cook Brothers.

You agree that you are aware of the contagious nature of bacterial and viral diseases (the “Diseases”) and the risk that you may be exposed to or contract the Diseases or other infectious diseases by engaging in or using the Cook Brothers Sites (including the purchase of Products). You understand and acknowledge that such exposure or infection may result in illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Cook Brothers employees and other suppliers.
NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY USING THE COOK BROTHERS’S SITES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASES, ARISING FROM YOUR USE OF THE COOK BROTHERS’S SITES (INCLUDING THE PURCHASE OF ANY PRODUCTS), WHETHER CAUSED BY THE NEGLIGENCE OF COOK BROTHERS OR OTHERWISE.

You hereby expressly waive and release any and all claims, now known or hereafter known, against Cook Brothers and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to your use of the Cook Brothers Sites (including your purchase of any Products) and being exposed to or contracting the Diseases, whether arising out of the negligence of Cook Brothers, any Cook Brothers suppliers or any Releasees or otherwise. You covenant not to make or bring any such claim against Cook Brothers or any other Releasee, and forever release and discharge Cook Brothers and all other Releasees from liability under such claims.

You acknowledge that you are familiar with any applicable federal, state, and local laws, orders, directives, and guidelines related to the Diseases. You will comply with all such applicable orders, directives, and guidelines in your use of the Cook Brothers Sites.

You shall defend, indemnify, and hold harmless Cook Brothers and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, incurred by Cook Brothers or any other Releasees, arising out or resulting from any claim of a third-party related to the Disease due to your use of the Cook Brothers Sites.

 

Merchandise/Products purchased from the Cook Brothers Sites must be returned within twenty (20) days of the original shipping date. You are solely responsible for any such returns, including cost of shipment, unless there was an error in shipment resulting in you receiving wrong or damaged items. All merchandise/Products must be returned in its original packaging and in the same condition as shipped, showing no signs of wear, and must contain all included parts, manuals, etc.

Please inspect your order upon receipt and contact Cook Brothers immediately if the item is defective, damaged or if you receive the wrong item. In the event that your order arrives damaged in any way, please notify Cook Brothers as soon as possible with your order number and a photo of the item’s condition. We address these issues on a case-by-case basis and will use commercially reasonable efforts to find a mutually acceptable resolution. After troubleshooting the issue, we may determine that an item should be returned so that we can examine and/or repair it.

Once Cook Brothers receives and inspects merchandise/Products to confirm all of these Return Policy conditions have been satisfied (such determination to be made in Cook Brothers’s sole and absolute discretion), Cook Brothers will issue a refund to such customer only on the returned merchandise/Products and only to the original Payment Method. Please remember it can take some time for your bank or credit card company to process and post the refund.

All such merchandise/Products returns must be shipped to:

Cook Brothers
1740 N. Kostner Ave
Chicago, IL 60639

Certain merchandise/Products may not be subject to this Return Policy, such as (but not limited to) health and beauty, food, beverages, chemicals, underwear, undergarments and mattresses merchandise/Products, and any sale of such merchandise/Products on the Cook Brothers Sites shall be final and Cook Brothers will not accept returns of any such merchandise/Products. Cook Brothers may modify the aforementioned list of merchandise/Products for which this Return Policy does not apply at any time and at the sole and absolute discretion of Cook Brothers.

Reasons a refund would not be approved include (but are not limited to) if the merchandise/Product is returned with parts missing, if Cook Brothers determines that the damage was caused by misuse, or if the merchandise/Product is not received by Cook Brothers within twenty (20) days of the original shipping date (such determination to be made in Cook Brothers’s sole and absolute discretion). If any merchandise/Product is returned opened, Cook Brothers does not have to accept such return, but if Cook Brothers does accept such return Cook Brothers reserves the right to charge such customer a restocking fee in the amount of 15% of such merchandise/Product sale price (and such shall be deducted from any refund amount to such customer with respect to such merchandise/Product).

Notwithstanding anything to the contrary contained herein, any and all internal and/or external damage to any television must be reported to Cook Brothers by the end of the next business day from the original shipping date if purchased on the Cook Brothers Sites (or from original purchase date if purchased in the physical Cook Brothers store) in order to be eligible for any return under this Return Policy.

 

This Privacy Policy describes how Cook Brothers collects, uses and discloses your Personal Information (as defined below) when you visit or make a purchase from the Cook Brothers Sites.

When you visit the Cook Brothers Sites, we collect certain information about your device, your interaction with the Cook Brothers Sites, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identity an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we may collect and why.

Device Information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search items, and how you interact with the Site.
• Purpose of collection: to load the Cook Brothers Sites accurately for you, and to perform analytics on the Cook Brothers Sites usage to optimize the Cook Brothers Sites.
• Source of collection: collected automatically when you access the Cook Brothers Sites using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: We may share your Personal Information with third-parties to help us use your Personal Information, as described above.

Order Information

• Examples of Personal Information Collected: name, billing address, shipping address, payment information (including credit card numbers, dates and CVV, email address and phone number).
• Purpose of collection: to provide products or services to you to fulfill your contract, to process payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Sources of collection: collected from you.
• Disclosure of a business purpose: shared with our web processor/host and fulfillment providers.

Customer Support Information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, dates and CVV, email address and phone number).
• Purpose of collection: to provide customer support.
• Source of collection: collected from you.
• Disclosure of a business purpose: shared with our web processor/host and fulfillment providers.

The Cook Brothers Sites are not intended for individuals under the age of 18. Cook Brothers does not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us.

We may share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We may share your Personal Information with the vendor that powers our on-line store platform.
• We may use Google Analytics to help us understand how our customers use the Cook Brothers Sites.
• We share information about your use of the Cook Brothers Sites, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies and other similar technologies (which you may consent to, depending on your location).
• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
• We may use your Personal Information to provide you with targeted advertising or marketing communications we believe may be of interest to you.
• We use your Personal Information to provide our services to you, which includes: offering Products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services and offers.

Although we don’t currently sell outside of the United States, pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your Personal Information under the following lawful bases:
• Your consent;
• The performance of the contract between you and the Cook Brothers Sites;
• Compliance with other legal obligations;
• To protect your vital interests;
• To perform a task carried out in the public interest;
• For our legitimate interests, which do not override your fundamental rights and freedoms.

When you place an order through the Cook Brothers Sites, we will retain your Personal Information for our records unless and until you ask us to erase this information.

If you are a resident of the EEA, you have the right to object to processing based solely on automatic decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you. We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data. Our processor uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. Services that include elements of automated decision-making include:
• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

The Cook Brothers Sites do not sell Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us.

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the “Right to Know”), to port it to a new service, and to ask that your Personal Information be corrected, updated or erased. If you would like to exercise these rights, please contact us.

A cookie is a small amount of information that is downloaded to your computer or device when you visit the Cook Brothers Sites. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the Cook Brothers Sites or browse from one page to another. Cookies also provide information on how people use the website, for instance whether its their first time visiting or if they are a frequent visitor.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between thirty (30) minutes and two (2) years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. Additionally, please note that blocking cookies may not completely prevent how we share information with third-parties such as our advertising partners.

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

If you have any questions or comments, please contact us at Cook Brothers; 1740 N. Kostner Ave., Chicago, IL 60639.