Terms of Use
Last Updated: 09/01/2025
Welcome to WWW.GOSSAMER.CO (the “Site”), the website and online services of Gossamer HQ Inc. (“Gossamer,” “we” or “us”)! Gossamer is a lifestyle brand and hemp retailer (collectively with the Site and any other products or services offered by us, the “Services”). Before using any of the Services, please note that all content, materials, or services provided on or through the Site may be used solely under the following legally binding terms and conditions (these “Terms”). We included some commentary on the terms for each section below to provide context and plain language; however, these commentaries do not form part of the legal terms.
By using our Services, you expressly agree to these Terms. Please carefully review these Terms before using our Services, including, without limitation, the warranty disclaimers and releases set forth in these Terms, which limit our liability and your ability to bring certain claims against us.
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 11 (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 11, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND GOSSAMER WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.
1.
The featured contents provided through our Services are for educational and entertainment purposes only, and are not medical advice.
OUR SERVICES FEATURE CONTENT ABOUT CANNABIS AND OTHER RELATED SUBSTANCES THAT ARE ILLEGAL UNDER FEDERAL LAW AS WELL AS UNDER STATE LAW IN CERTAIN STATES. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR MATERIALS MADE AVAILABLE ON THE SITE, IN OUR NEWSLETTER, OR FOR THE SERVICES THAT MAY PROMOTE, CONDONE, ADVOCATE, LICIT OR ILLICIT DRUG USE, OR ILLEGAL ACTIVITIES. ALL CONTENT ON THE SITE IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.
GOSSAMER DOES NOT OFFER MEDICAL ADVICE. THE CONTENTS OF THE SERVICES HAVE NOT BEEN EVALUATED BY THE FEDERAL DRUG ADMINISTRATION NOR APPROVED BY ANY OTHER GOVERNMENT OR OFFICIAL BODY. NOTHING IN GOSSAMER CONTENT (AS DEFINED BELOW) OR THESE SERVICES IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE CONCERNS ABOUT THE USE OF CANNABIS AND YOUR HEALTH, YOU SHOULD TALK TO YOUR DOCTOR. THIS IS ESPECIALLY TRUE FOR YOUTH, PREGNANT OR BREASTFEEDING WOMEN AND THOSE WHO NEED HELP TO STOP USING CANNABIS. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY. THE FOLLOWING DISCLAIMERS AND LIMITATIONS ON LIABILITY DOES NOT LIMIT THE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 5 AND 6 OR ELSEWHERE IN THE TERMS.
2.
You may not use the Gossamer site if you are under 21 years old.
The Services are not intended for use by anyone under the age of 21. If you are under the age of 21, you are not permitted to use the Services. You can only use or receive the Services to the extent the laws of your jurisdiction do not bar you from doing so. Please make sure your use of the Services is in compliance with all laws, rules and regulations that apply to you.
3.
Sometimes Gossamer may change this Agreement. We will try to let you know as soon as we do.
Gossamer may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Gossamer in our sole discretion. Gossamer reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. Gossamer may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last updated’ date at the top of this page. Your continued use of the Site after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Site.
4.
We may make changes to our Services from time to time.
We reserve the right to change, suspend, discontinue, cancel or terminate the Services or any part of the Services at any time in our sole discretion. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
5.
Privacy is really important to us at Gossamer. Make sure to read our Privacy Policy to learn what we do with your information.
Our PRIVACY POLICY (the “Privacy Policy”) details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.
6.
We do not make any representations or warranties through our Services, and you will be solely responsible for your reliance.
The Service is provided on an “as is” and “as available” basis. We do not make any representations, warranties or guarantees with respect to the completeness, reliability, accuracy, quality, availability or legality of the Services or any information or guidance provided in connection with the Services. We expressly disclaim all warranties (express or implied) with regard to the information contained on the Site or otherwise made available to you through the Services, including but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose.
You are solely responsible for your use of and reliance on the Services and any information contained herein, and you acknowledge and agree that your use of the Services or reliance on any such information is done at your own risk, including the risk of physical injury, harm or death. You further acknowledge and agree that you are solely responsible for the results of any actions or omissions that you may choose to take as a result of using the Services and for any loss, damage or other liability that may arise in connection therewith. Unless prohibited by law, you further assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your actions or omissions that you may choose to take as a result of using the Services or relying on any information contained in the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM OUR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO THE SERVICES OR THE INFORMATION PROVIDED TO YOU THROUGH THE SERVICE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR DIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
Please do not do harmful or illegal things on the Site. We describe some of the things you may not do below.
You may only use the Services in accordance with these Terms or any other policies that we may provide to you. You agree not to use (or encourage anyone else to use) the Services in manner that: violates any law, statute, ordinance or regulation; infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party; modifies, adapts, translates, reverse engineers, decompiles, disassembles any of the contents of the Services into any form not so intended to be read; scrapes any portion of the Services or Gossamer Content (as defined below); is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or libelous; violates the security of any computer network, or cracks any passwords or security encryption codes; runs “spam” on the Services or otherwise interferes with the Services (including by placing an unreasonable load on the Services’ infrastructure). Enforcement of this section is solely at Gossamer’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
7.
We own the rights to our Services.
Gossamer or our licensors own all right title and interest (including intellectual property rights) in and to our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein. Except as expressly stated in these Terms, all rights in and to our Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
8.
We own the rights to our name, logo and other intellectual property.
The “Gossamer” name and our logos, product or service names, slogans, and the look and feel of our Services are trademarks of Gossamer and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with our Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
9.
You will indemnify us for claims arising from your use of the Services or breach of these Terms and agree to release us for such claims.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Gossamer and our subsidiaries and affiliates, and each of our respective officers, directors, employees, partners and agents (individually and collectively, the “Gossamer Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of our Services (including any acts and/or omissions); (b) your violation of these Terms; or (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will cooperate with the Gossamer Parties in defending third-party Claims and pay all fees, costs, and expenses associated with defending such third-party Claims (including attorneys' fees). The Gossamer Parties will have control of the defense or settlement, at Gossamer’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Gossamer or the other Gossamer Parties.
YOU HEREBY SPECIFICALLY, FULLY AND FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND INDEMNIFY AND HOLD HARMLESS THE GOSSAMER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. YOU UNDERSTAND THAT THIS WAIVER MEANS YOU GIVE UP YOUR RIGHT TO BRING ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, FOR PHYSICAL OR EMOTIONAL INJURIES, DEATH, DISEASE OR PROPERTY LOSSES, OR ANY OTHER LOSS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE, AND YOU GIVE UP ANY CLAIM YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
10.
You agree that Gossamer’s liability arising out of the Services will be limited.
(a) Waiver of Certain Damages. To the fullest extent permitted by applicable law, Gossamer and the Gossamer Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Gossamer or the other Gossamer Parties have been advised of the possibility of such damages.
(b) Liability Cap. The total liability of Gossamer and the other Gossamer Parties to you (whether occurring under these Terms or otherwise), regardless of the form of the action, is limited to the amount paid by you to use our Services giving rise to the claim or $100 USD, whichever is greater.
(c) Exclusions. The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Gossamer or the other Gossamer Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
11.
You agree that any disputes arising from these Terms will be resolved via arbitration as follows.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND GOSSAMER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND GOSSAMER FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND GOSSAMER AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. GOSSAMER AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
(a) Arbitrable Claims. For any dispute or claim that you have against Gossamer, that Gossamer has against you or that you have, or Gossamer has, in each case arising from, relating to, or stemming from these Terms, our Services or any aspect of the relationship between you and Gossamer as relates to these Terms or our Services, including any privacy or data security claims (collectively, “Arbitrable Claims,” and each an “Arbitrable Claim”), you and Gossamer agree to attempt to first resolve the Arbitrable Claim informally via the following process. If you assert an Arbitrable Claim against Gossamer, you will first contact Gossamer by sending a written notice of your Arbitrable Claim (“Claimant Notice”) to Gossamer by certified mail addressed to Gossamer HQ, 249 Smith St PMB 2050, Brooklyn, NY 11231 or by email to hi@gossamer.co. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Arbitrable Claim; and (iii) set forth the specific relief sought. If Gossamer asserts an Arbitrable Claim against you, Gossamer will first contact you by sending a written notice of Gossamer’s Arbitrable Claim (“Gossamer Notice”), and each of a Claimant Notice and Gossamer Notice, a “Notice”) to you via email to the primary email address associated with your account. The Gossamer Notice must (A) include the name of a Gossamer contact and the contact’s email address and telephone number; (B) describe the nature and basis of the Arbitrable Claim; and (C) set forth the specific relief sought. If you and Gossamer cannot reach an agreement to resolve the Arbitrable Claim within thirty (30) days after you or Gossamer receives such a Notice, then either party may submit the Arbitrable Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Gossamer first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
(b) Binding Arbitration. Except for (i) individual disputes that qualify for small claims court or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Gossamer, including any disputes in which you or Gossamer seek injunctive or other equitable relief for the alleged unlawful use of your or Gossamer’s intellectual property rights or other infringement of your or Gossamer’s intellectual property rights (“IP Claims”), all Arbitrable Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including, with respect to Arbitrable Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 11(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Arbitrable Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
(c) Governance. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
(d) Submission. All Arbitrable Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
- YOU AND GOSSAMER AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND GOSSAMER ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Gossamer or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
- For any arbitration you initiate, you will pay the consumer filing fee, and Gossamer will pay the remaining AAA fees and costs. For any arbitration initiated by Gossamer, Gossamer will pay all AAA fees and costs.
- For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
- If you or Gossamer submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Gossamer agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Gossamer agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
- The arbitrator's decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
- The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Gossamer or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Gossamer understand and agree that when twenty-five (25) or more similar claims are asserted against Gossamer or you by the same or coordinated counsel or are otherwise resolved, your or Gossamer’s Arbitrable Claim might be delayed. For such coordinated actions, you and Gossamer also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for Gossamer shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Gossamer or you.
(e) One Year to Assert Claims. To the extent permitted by law, any Arbitrable Claim by you or Gossamer relating in any way to these Terms, our Services, or any aspect of the relationship between you and Gossamer as relates to these Terms or our Services, must be filed within one year after such Arbitrable Claim arises; otherwise, the Arbitrable Claim is permanently barred, which means that you and Gossamer will not have the right to assert the Arbitrable Claim.
(f) Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at hi@gossamer.co or by certified mail addressed to Gossamer HQ, 249 Smith St PMB 2050, Brooklyn, NY 11231. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.
(g) Severability. If any portion of this Section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
(h) Other Jurisdictions. Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.
12.
The Terms will be governed by New York law.
These Terms and any claims made hereunder (including Arbitrable Claims) will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Arbitrable Claim is not subject to arbitration, then the state and federal courts located in New York county, New York will have exclusive jurisdiction. You and Gossamer irrevocably waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.