Terms and Conditions

Last Updated: August 21, 2025

Welcome to joyofcooking.com (the “Website”). These Terms of use (the “Terms”) are a legal agreement between you and The Joy of Cooking Trust and its affiliated entities (collectively, “Joy of Cooking,” “we,” “us,” and “our”). These Terms apply to individuals that use the Website and purchase our products (the “Products”) (collectively, the “Services”). By accessing, using, or interacting with the Services, or by purchasing our Products, you are indicating that you: (i)  have read, understand, and agree to be bound by these Terms; (ii) are of legal age to form a binding contract with Joy of Cooking; and (3) you have the authority to enter into the Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.

We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.

1. Use of this Website

You agree that you will not: (i) interfere with the Services and/or the servers or networks connected to same; (ii) use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), our name, trademarks, or any other proprietary information of ours, without our express prior written consent; (iii) use any meta tags or other hidden text or metadata utilizing our trademarks, logo, URL or our product names without our express prior written consent; (iv) modify, translate, decompile, disassemble, or reverse engineer any software available through the Services or otherwise used in connection with our offerings; and/or (v) use the Services or Materials (as defined below), or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.

You agree to comply with all applicable laws in connection with your use of the Services.

2. Intellectual Property

“Materials” means all text, art, graphics, images, works of authorship of any kind, websites, software, designs, audio, video, music, user interfaces, names, likenesses, logos, trademarks, service marks, trade names, recipes and information or other materials that are posted, generated, provided or otherwise made available through the Services. The Services and Materials are protected under various intellectual property laws and owned or controlled by Joy of Cooking or used with permission of the owner(s) of such Services and Materials. You agree that you will not remove any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Services or Materials.

Except as otherwise indicated, copying, reproducing, uploading, downloading, transmitting or any other use of the Services or of any of the Materials, in whole or part, without the express permission of Joy of Cooking, is prohibited. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services and Materials. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms.  You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Materials, Services, or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Joy of Cooking, may revoke this license at any time, in its sole discretion.

3. Links

From time to time, the Website may contain links to other websites that are not controlled and/or maintained by Joy of Cooking. Access to and use of such other websites is at your own risk and subject to any terms of use and privacy policies which govern such websites. By providing such links, we shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. We are not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website.

4. Terms of Sale

You may purchase Products in our online store accessible on the Website. All Products, specifications, and prices described on the Website are subject to change at any time without notice. When you purchase a Product and make a payment via the Website (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By providing us with your credit card number and associated Payment Information, you agree that Joy of Cooking is authorized to immediately charge your card for all fees due and payable to us and that no additional notice or consent to do so is required.

Prices for the Products will be displayed in US dollars. To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, “Taxes”) due with respect to your purchase and use of our Products. Joy of Cooking collects Taxes if we determine we have a duty to collect Taxes based on the type of Product purchased, date of shipment and the shipping address.

Products purchased via the Website will be shipped to the address you designate as the shipping address during the check-out process. Shipping restrictions apply. The applicable shipping rates will be displayed during the checkout process and must be in the United States. You may return Products that you purchase via the Website in accordance with our return policy.

5. Copyright Infringement Policy

We value intellectual property and respect the intellectual property rights of others and will remove materials on the Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, please contact us at info@joyofcooking.com.

6. Warranty Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, JOY OF COOKING EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, JOY OF COOKING DOES NOT WARRANT THAT: (i) THE SERVICES OR MATERIALS ARE FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, (iv) THE SERVICES AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (v) THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. JOY OF COOKING MAKES NO WARRANTY THAT JOY OF COOKING WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR WEBSITE, APPLICATION OR PRODUCT FOR ANY PARTICULAR LENGTH OF TIME, AND JOY OF COOKING RESERVES THE RIGHT TO CHANGE, UPDATE AND DISCONTINUE THE SERVICES WITHOUT NOTICE TO YOU. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.

7. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOY OF COOKING,  OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, WEBSITE, OR MATERIALS, OR ANY OF JOY OF COOKING OR ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR REPRESENTATIVES (COLLECTIVELY, “REPRESENTATIVES”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOY OF COOKING OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL JOY OF COOKING OR ITS REPRESENTATIVES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRODUCTS, OR THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO JOY OF COOKING FOR THE PURCHASE OF THE PRODUCTS, OR, IF THE CLAIM DOES NOT RELATE TO A PAID PRODUCT, $100. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOY OF COOKING AND YOU AND APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Joy of Cooking’s liability is limited to the greatest extent allowable under applicable law.

8. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold Joy of Cooking and its Representatives harmless from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your use of or access to the Services, Materials, or Products; and/or (ii) any violation of these Terms or applicable law.

9. Electronic Communications

When you communicate with Joy of Cooking electronically, via email or otherwise, you consent to receive electronic communications from Joy of Cooking. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Joy of Cooking satisfy any legal requirement that such communication be in writing. Joy of Cooking encourages you to retain your own copies of relevant information.

10. Governing Law and Disputes

These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the State of Montana without regard to its conflicts of law principles.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Montana in all disputes arising out of or relating to the use of the Products, Services or Materials, and waive any objection to jurisdiction and venue in such courts.

11. Termination

Joy of Cooking may terminate, change, suspend or discontinue any aspect of the Services (including, without limitation, content, features or hours of availability), at any time and for any reason. Joy of Cooking may restrict, suspend or terminate your access to the Services if we believe you are in breach of our Terms or applicable law, or for any other reason without notice or liability.

12. General Terms

These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Joy of Cooking, and supersede any prior and contemporaneous agreements between you and Joy of Cooking on the subject matter, except as expressly provided herein. These Terms supersede any terms and conditions which you include in any purchase order, confirmation of order or other document.

These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Joy of Cooking without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. Any variation of these Terms will be binding on us only if agreed in writing by you and an authorized representative of Joy of Cooking. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of Joy of Cooking, or to bind Joy of Cooking in any respect.

Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

If you have any questions concerning these Terms, the Website, the Services, or the Products, please contact us at info@joyofcooking.com.