Terms of service

Terms of Use

Overview

These terms of use (“Terms of Use” or “Terms”) are entered into by and between You and Portland Gear LLC (“Portland Gear,” "we," “our,” or "us") and govern your access to and use of Portland Gear website, https://portlandgear.com, whether as a guest or a registered user, and any other website, social media pages, apps, web-based application, or other digital medium owned or operated by Portland Gear (the “Site”), including any content, functionality, services, and products offered on or through the Site and in our store locations.

Please read the Terms of Use carefully before you start to use the Site. By using the Site or purchasing our products, you consent and agree to be bound by and comply with these Terms. Portland Gear may terminate your ability to use the Site without notice if you do not comply with the Terms. If you do not agree to these Terms, you must not access or use the Site. Please review the Terms in their entirety prior to engaging in any transaction on the Site.

Portland Gear reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Site Content (as defined in Section 11 below) is current as of the date it is posted on the Site to the best of Portland Gear’s knowledge.

Privacy.

All information Portland Gear collects on this Site is subject to our Privacy Notice. By accessing or using our Site or products, you acknowledge having read our Privacy Notice, which contains details relating to our collection, use, and disclosure of your personal information.

Accounts.

(a) Account Registration. For some aspects of our Site, you may need to or be able to register an account with us. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. Portland Gear can terminate your registration at any time for any reason.

(b) Use and Protection of Login Credentials. You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Portland Gear immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Use of our services is personal to you and you are expressly prohibited from permitting any other person or entity access to or use of the service. Portland Gear reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Portland Gear’s opinion, you have violated any provision of these Terms of Use.

Mobile App.

Portland Gear may provide services through a mobile application (“App”), including an App developed for the Apple Inc. (Apple) and Alphabet Inc. (Android) mobile platforms. Apple Inc., and Alphabet Inc., are not responsible for the App or content. The App is an extension of the Site and is subject to these Terms of Use. The App may collect personal information from you. Please refer to our Privacy Notice for more information on how we handle such personal information.

Your use of any App shall be governed both by these Terms of Use and our Privacy Notice, and by any end user license agreement or other agreement specific to a particular App.

In order to use the App, your device must satisfy certain system requirements, as found on the Apple and Google app marketplaces. We and/or our licensors or service providers may, from time to time in our or their sole discretion, develop and provide App updates, which may include upgrades, modifications, supplements, or new versions of the App, including to distribute bug fixes, patches, other error corrections, and/or new features or feature improvements (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. However, neither Portland Gear nor our licensors or service provides have any obligation to provide any Updates or technical or end user support, or to continue to provide or enable any particular features or functionality. Portland Gear disclaims any and all liability relating to your failure to install any updates.

Orders and Payment.

By placing an order through the Site, you are offering to purchase our products. We reserve the right to refuse your request to obtain products or services from us. Should we elect to accept your offer, you will receive a confirmation at the email address or phone number that you provided at the time of purchase. We reserve the right to cancel any order once accepted by us (as evidenced by a confirming email or text message) at any time in our sole discretion.

The price of all products is payable in full before delivery. Prices are subject to change at any time by us in our sole discretion.

Portland Gear ships from within the United States. Customers placing international orders are responsible for any additional taxes and duty fees resulting from an international shipment. For more information about our shipping policies, click here.

Payment processing is provided by one or more third party payment processors (“Payment Processor”). By providing a payment card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge or debit your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your account with us and any services you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters to proceed with your use of your account, complete your purchase, or receive any services. It is your responsibility to keep your payment method up-to-date, as well as to cancel your account (as applicable).

Special Offers and Promotions.

We may offer promotions and discounts. Some of these offers are only available to our loyalty program members. We provide general information about these promotions and discounts in our Frequently Asked Questions. The specific terms and exclusions for particular offers are provided contemporaneously with the advertised promotion or discount.

Returns and Exchanges.

Please click here for our Return/Exchange Policy. Information about the manufacturer warranty is also available in our Return/Exchange Policy.

Errors, Inaccuracies, and Omissions.

Occasionally, there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), but we have no obligation to update any information on our Site. The Site Content should never be relied upon as the sole basis for making any decisions to purchase products from Portland Gear. Any reliance on the Site Content is at your own risk, and you assume any and all risks associated with your purchase decisions.

Third Party Content and Links to Other Websites.

This Site may include content provided by third parties or links that allow you to access websites or other online services that are owned and operated by third parties. The inclusion of content or links to external websites is for your convenience and does not constitute or imply support or endorsement of any kind. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Portland Gear. Portland Gear is not responsible for the content or accuracy of any material provided by any third parties, any products or services made available through third parties, or your use of or interaction with third parties. If you decide to access any third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such sites.

Buyer’s Representations & Warranties.

You represent and warrant to us as follows: (a) that you have the right and are legally permitted to enter into any transaction entered into with Portland Gear without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party and (b) that you will use the services purchased as intended and never in any way that would violate any applicable law or third party right of any kind; and (c) unless you are an authorized wholesaler, you will not resell the products or services for commercial purposes. If you would like to participate in our authorized wholesale program, apply here. You may not act as a wholesaler unless and until we confirm approval of your submitted application.

Feedback, Testimonials, and User Content.

Feedback and Testimonials. You are under no obligation to provide any reviews, comments, suggestions, ideas, feedback, and recommendations (“Feedback”) to us. By providing any Feedback to Portland Gear, you grant us and our service providers, and each of their and our licensees, successors, and assigns, the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose.

If you submit Feedback to us, you represent and warrant that:

• You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their licensees, successors, and assigns.

• All of your Feedback does and will comply with these Terms of Use.

• You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not Portland Gear, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Feedback posted by you or any other user of the Site.

User Content. The Site, including social media pages or sites connected to Portland Gear, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content.

You also hereby grant Portland Gear a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information on or in any and all media. Portland Gear reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our Services, at your sole cost and expense.

Intellectual Property License and Ownership.

(a) Intellectual Property. The Site and its entire contents, data, features, products, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Portland Gear or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The Portland Gear name and related logos are trademarks and service marks (“Marks”) of Portland Gear. Portland Gear’s Marks may not be used without advance written permission of Portland Gear, including in connection with any product or service that is not provided by Portland Gear, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Portland Gear. Other products or Portland Gear names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Portland Gear as described in the Copyright section (Section 12 below).

(b) Limited License and Prohibited Uses. Portland Gear grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content only as an informative resource and for your personal, non-commercial use. You will not acquire ownership rights in and to the intellectual property rights incorporated in any purchased products.

Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Portland Gear is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:

• Use the Site in any way that violates any applicable law or regulation.

• Use the Site to exploit, harm, or attempt to exploit or harm anyone in any way.

• Send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Terms.

• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• Impersonate or attempt to impersonate Portland Gear, any Portland Gear employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Portland Gear, may harm Portland Gear or users of the Site or expose them to liability.

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying (including scraping) any of the material on the Site, whether to train artificial intelligence or otherwise.

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Portland Gear’s prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site.

If you are an authorized influencer, to the extent there are any conflicts between this section and your influencer agreement, the influencer agreement prevails.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim by contacting our designated Copyright Agent at:

Portland Gear LLC

1410 NW Johnson St.

Portland, OR 97209

Please see 17 U.S.C. § 512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who repeatedly infringes any intellectual property rights of others.

Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE PORTLAND GEAR ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, ALL SERVICES DELIVERED TO YOU, AND THIS SITE ITSELF, ARE PROVIDED ON AN “AS-IS” BASIS. PORTLAND GEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED, OR TEXT MESSAGING SERVICES. TO THE EXTENT PERMITTED BY LAW, PORTLAND GEAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR USE; (c) WARRANTY OF TITLE; AND (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTLAND GEAR, ITS DIRECTORS, ITS CONTRACTORS, ITS EMPLOYEES, AND ITS AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE AND/OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO (a) THE USE OR MISUSE OF THIS SITE, OR ANY WEBSITE FOR WHICH IT PROVIDES LINKS, (b) ANY PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE SITE OR A STORE LOCATION, OR (c) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY

PORTLAND GEAR’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE, ITS CONTENTS, OR ANY PRODUCTS, INCLUDING WITHOUT LIMITATION CLAIMS BASED ON PRODUCT LIABILITY, WILL NOT EXCEED $100 OR A PORTLAND GEAR TEE OF YOUR CHOICE. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTLAND GEAR WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, BODILY INJURY, OR DEATH RESULTING FROM OR RELATED TO THE USE OR MISUSE OF ANY PRODUCTS PURCHASE THROUGH THE SITE OR A STORE LOCATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PORTLAND GEAR WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT SUCH LIABILTY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR CERTAIN TYPES OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to defend, indemnify, and hold harmless Portland Gear, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees (including reasonable attorneys’ fees), arising from or relating to your violation of these Terms of Use or your use or misuse of the Site, including, but not limited to, your content and any use of the Site Content and services other than as expressly authorized in these Terms of Use.

Injunctive Relief.

You agree that a breach of these Terms of Use will cause irreparable injury to Portland Gear for which monetary damages would not be an adequate remedy and Portland Gear shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

Governing Law, Dispute Resolution, Limitation of Time to File Claims, and Class Action Waiver.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

(a) Governing Law. The laws of the State of Oregon will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.

(b) Dispute Resolution. This section requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Portland Gear. You are giving up the right to litigate a dispute with Portland Gear before a judge or jury.

For any dispute with Portland Gear, you agree to first contact us at team@portlandgear.com and attempt to resolve the dispute with us informally. If a dispute arises, you must give Portland Gear written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking.

The parties may, by mutual consent, retain a mediator to aid in their attempt to resolve any dispute, although any opinion expressed by a mediator will be strictly advisory and will not be binding on the parties, nor will any opinion, statement, or proposed resolution expressed by the mediator or the parties be admissible in any proceeding. Costs of the mediation will be borne equally by the parties, except that each party will be responsible for its own expenses.

In the unlikely event that Portland Gear has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of, in connection with, or relating to these Terms, or the breach or alleged breach thereof (collectively “Claims”), by binding arbitration administered by Arbitration Services of Portland. The arbitration proceedings shall be held in Multnomah County, Oregon. Any arbitration award may be entered in a court of competent jurisdiction.

You and Portland Gear will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.

You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Portland Gear at the address listed in Section 27 no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.

You agree to submit to the personal jurisdiction of the federal and state courts located in Multnomah County, Oregon for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that the Multnomah County Court is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision is found to be unenforceable.

(c) Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

(d) Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Assignment.

Portland Gear may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

Third-Party Beneficiaries.

These Terms do not entitle or confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.

Force Majeure.

Portland Gear shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, cyber incidents, third-party service outages, acts of God, and/or terrorism of any kind.

Waiver and Severability.

Our failure to enforce any of our rights outlined in the Terms will not constitute a waiver of our right to make such enforcement in the future of such term or condition or any other term or condition.

If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Term and Termination.

These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions of these Terms that by their nature are intended to survive will remain binding on you.

You agree that Portland Gear, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

International Access.

The Site may be accessed from countries other than the United States. The Site or services may only be available for use in certain international locations. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site is appropriate or available for use in other locations. Users may not download, use, export, or re-export any Site Content on or through the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.

Use by Minors.

This Site is intended for adults over the age of eighteen (18) years. We do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.

Entire Agreement.

These Terms constitute the sole and entire agreement between you and Portland Gear with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Communications.

We may provide notices to you by email, by text message, or by posting them on the Site. You are responsible for ensuring you have provided us with your current email address or phone number.

Text messages may not be available in all areas at all times; we will not be liable for any delays or failures in the receipt of any mobile messages. You are responsible for your phone’s capabilities and your wireless carrier’s plan. If you opted in to receive SMS/MMS messages and later discontinue the use of your mobile telephone number, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us if you do not notify us of the change and a claim(s) is brought by an individual(s) who is later assigned that mobile phone number.

When we make any material changes to the Terms, we will update the Effective Date and may inform you by email or text message using the contact information associated with your account. We will treat your continued use of this Site or our services following such notice as your acceptance of the changes.

If you no longer wish to receive communications from Portland Gear, you can modify your preferences in your settings page, click on the “unsubscribe link” provided in such communications, reply with “STOP”, or contact us using the information provided in Section 27 below. You can also modify push notification settings through our app. We may continue to send you necessary transactional communications, even if you opt-out of receiving newsletters or product update communications.

For all other feedback, comments, requests for technical support, and other communications relating to the Site or these Terms of Use, please contact us at team@portlandgear.com or by mail at:

Portland Gear LLC

1410 NW Johnson St.

Portland, OR 97209

The Effective Date of these Terms of Use is June 2026.