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Terms of Use / Service

Overview

These Terms of Use (“Terms” or “Terms of Use”) are entered into by and between you and Portland Gear LLC (“Portland Gear,” “we,” “our,” or “us”). These Terms govern your access to and use of Portland Gear, including any related websites, mobile applications, social media pages, digital services, content, functionality, products, and services operated by Portland Gear (collectively, the “Site”).

By accessing or using the Site, or by purchasing products from Portland Gear, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

We reserve the right to update or modify these Terms at any time. Any changes become effective immediately upon posting. Continued use of the Site after updates are posted constitutes acceptance of those changes.

All Site Content (as defined below) is current as of the date posted, to the best of Portland Gear’s knowledge.

Privacy

All information collected through the Site is subject to our Privacy Notice. By using the Site or purchasing our products, you acknowledge that you have reviewed our Privacy Notice and understand how your information may be collected, used, and disclosed.

Accounts

Account Registration

Certain features of the Site may require you to create an account. You agree that all information provided during registration is accurate, current, and complete. Portland Gear reserves the right to suspend or terminate accounts at any time and for any reason.

Login Credentials

You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”) and for all activity under your account, whether authorized by you or not.

You agree to notify Portland Gear immediately of any unauthorized use of your account or breach of security. Access to your account is personal to you and may not be shared with any other individual or entity.

Portland Gear may disable Login Credentials at its sole discretion if it believes you have violated these Terms.

Mobile App

Portland Gear may offer services through a mobile application (“App”), including applications distributed through Apple and Android platforms. The App is considered part of the Site and is governed by these Terms and our Privacy Notice.

Your device must meet applicable system requirements in order to use the App. From time to time, Portland Gear or its service providers may release updates, bug fixes, feature improvements, or new versions of the App (“Updates”). We are not obligated to provide Updates or ongoing technical support.

Failure to install Updates may affect App functionality, and Portland Gear disclaims liability related to unsupported or outdated versions of the App.

Orders & Payment

By placing an order through the Site, you are making an offer to purchase products from Portland Gear. We reserve the right to accept or refuse any order at our discretion.

Prices are subject to change without notice and payment must be received in full before shipment.

International customers are responsible for any applicable duties, taxes, or import fees associated with their order.

Payment processing is handled by third-party payment providers (“Payment Processors”). By submitting payment information, you represent that you are authorized to use the selected payment method and authorize applicable charges related to your order.

If your payment method is invalid or cannot be processed, your order may be cancelled or suspended until resolved.

Promotions & Special Offers

Portland Gear may offer promotions, discounts, rewards programs, or limited-time offers. Eligibility requirements, exclusions, and terms for each promotion will be communicated at the time the offer is presented.

Returns & Exchanges

Please refer to our Return & Exchange Policy for information regarding returns, exchanges, refunds, and manufacturer warranty coverage.

Errors, Inaccuracies & Omissions

Occasionally, information on the Site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability.

Portland Gear reserves the right to correct errors, update information, or cancel orders at any time without prior notice, including after an order has been submitted.

While we strive to accurately display product colors and images, actual product appearance may vary depending on your device or screen settings.

Third-Party Content & Links

The Site may contain links to third-party websites or services for your convenience. Portland Gear does not control or endorse third-party content and is not responsible for the accuracy, availability, products, services, or policies of third-party websites.

Your interactions with third-party websites are solely at your own risk and subject to their applicable terms and privacy policies.

Buyer Representations & Warranties

By using the Site or purchasing products, you represent and warrant that:

  • You are legally authorized to enter into transactions with Portland Gear.
  • Your use of the Site and products will comply with all applicable laws and regulations.
  • You will not use Portland Gear products or services for unlawful purposes.
  • Unless expressly authorized, you will not resell Portland Gear products for commercial purposes.

Participation in any wholesale program requires prior written approval from Portland Gear.

Feedback, Testimonials & User Content

Feedback

If you provide suggestions, ideas, reviews, testimonials, or other feedback (“Feedback”), you grant Portland Gear a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, display, and distribute such Feedback for any lawful purpose.

You represent that:

  • You own or control the rights to the Feedback you submit.
  • Your Feedback complies with these Terms.
  • Your Feedback does not violate the rights of any third party.

User Content

The Site may allow users to submit or post content (“User Content”), including social media content connected to Portland Gear.

You retain ownership of your User Content but grant Portland Gear a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, display, distribute, and otherwise exploit such content across any media platform.

Portland Gear reserves the right to remove or modify User Content at its sole discretion.

Intellectual Property

All Site content, including text, graphics, logos, images, videos, product designs, software, and functionality (“Site Content”), is owned by Portland Gear or its licensors and is protected by intellectual property laws.

The Portland Gear name, logos, and related branding elements are trademarks of Portland Gear and may not be used without prior written permission.

Portland Gear grants you a limited, revocable, non-transferable license to access and use the Site solely for personal, non-commercial use.

You may not:

  • Reproduce, distribute, modify, or commercially exploit Site Content.
  • Scrape or copy Site Content using automated tools.
  • Use Site Content to train artificial intelligence systems.
  • Introduce malicious code or interfere with Site functionality.
  • Attempt unauthorized access to Site infrastructure.

Copyright

If you believe your copyrighted work has been used in a manner that constitutes infringement, please contact:

Copyright Agent
Portland Gear LLC
1410 NW Johnson St.
Portland, OR 97209

Please include all information required under 17 U.S.C. § 512(c)(3).

Disclaimer of Warranties

THE SITE, PRODUCTS, SERVICES, AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTLAND GEAR DISCLAIMS ALL WARRANTIES, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • TITLE
  • COURSE OF DEALING OR PERFORMANCE

Use of the Site and products is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTLAND GEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM:

  • USE OF THE SITE
  • PRODUCTS PURCHASED THROUGH THE SITE OR STORES
  • THIRD-PARTY CONTENT OR SERVICES
  • INTERRUPTION OR UNAVAILABILITY OF THE SITE

PORTLAND GEAR’S TOTAL MAXIMUM LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF:

  • $100 USD, OR
  • THE VALUE OF THE PRODUCT PURCHASED GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain liability limitations, so portions of this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Portland Gear and its affiliates, employees, officers, licensors, and service providers from any claims, damages, liabilities, costs, or expenses arising from:

  • Your violation of these Terms
  • Your misuse of the Site
  • Your User Content
  • Your violation of applicable laws or third-party rights

Injunctive Relief

You acknowledge that violations of these Terms may cause irreparable harm to Portland Gear for which monetary damages may be insufficient. Portland Gear may seek injunctive or equitable relief without posting bond.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Oregon.

Before initiating formal proceedings, both parties agree to attempt informal resolution by contacting team@portlandgear.com.

Any unresolved dispute shall be resolved through binding arbitration in Multnomah County, Oregon, administered by Arbitration Services of Portland.

You waive:

  • The right to a jury trial
  • Participation in class actions or representative proceedings

Any claim relating to these Terms or the Site must be brought within one (1) year after the claim arises.

Assignment

Portland Gear may assign its rights or obligations under these Terms at any time. You may not assign your rights without prior written consent.

Force Majeure

Portland Gear is not responsible for delays or failures caused by events beyond its reasonable control, including weather events, natural disasters, pandemics, cyber incidents, labor disputes, acts of terrorism, or third-party outages.

Waiver & Severability

Failure to enforce any provision of these Terms does not constitute a waiver of future enforcement rights.

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

Termination

Portland Gear may suspend or terminate your access to the Site at any time, with or without notice, for any reason.

Provisions intended to survive termination will remain enforceable after access ends.

International Access

Users accessing the Site outside the United States are responsible for compliance with local laws and regulations.

Portland Gear makes no representation that the Site or its content is appropriate or available in all jurisdictions.

Use by Minors

The Site is intended for individuals 18 years or older. Portland Gear does not knowingly collect personal information from children under 13 without parental consent.

Entire Agreement

These Terms constitute the complete agreement between you and Portland Gear regarding use of the Site and supersede prior agreements or understandings.

Communications

Portland Gear may communicate with you through email, text message, push notification, or Site postings.

You are responsible for maintaining accurate contact information.

You may opt out of marketing communications at any time using unsubscribe links, replying “STOP,” or adjusting your account settings. Transactional or account-related communications may still be sent as necessary.

Contact Us

For questions regarding these Terms, please contact:

Portland Gear LLC
1410 NW Johnson St.
Portland, OR 97209
Email: team@portlandgear.com

Effective Date: June 2026