Terms of Use

Welcome to the Portland Growler Company, LLC (“PGC”) website (the “Site”). Please read the following Terms of Use (“Terms”) as they govern your use of the Site and purchase of our products.

These Terms are legally binding and govern your use of the Site, products sold on the Site, your purchases from the Site, any contributions of content you might make to the Site, and all other services and features. By accessing and using this Site, you agree to follow and be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Site or to purchase products from the Site.

PGC reserves the right, in its sole discretion, to change, add or delete portions of these Terms at any time by posting a notice on the Site. You are responsible for reviewing any such changes. Your continued use of the Site after we post changes to the Terms constitutes your acceptance of all such changes. PGC may maintain other policies, guidelines, and requirements that will be posted on the Site from time to time. You agree that your use of the Site is subject to all of the policies and guidelines which are incorporated into these Terms.

Unless otherwise noted, the products and services on the Site are intended for personal, non–commercial purposes only. You agree to use the Site and PGC’s products only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws. You cannot access or use the Site for any illegal or unauthorized purpose.

Products: Prices, Availability, Colors

The product descriptions, prices listed, and the availability of products and other items on the Site may change at any time, without notice. In the event a product is no longer available, or is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

The prices displayed on the Site are quoted in US Dollars.

Checkout Process / Shipping / Tariff Information / Returns 

PGC uses Shopify, a third party, to process credit card payments for purchases that you make on the Site. Shopify has separate terms and conditions that will apply to your purchase and that you must agree to as part of the checkout process. We are not responsible for Shopify’s terms or for the security and privacy of any credit card or other personal information that you submit through them. We will ship orders in accordance with the method you have selected as part of the order checkout process. All orders are subject to our Purchasing Policy.

For any sales made outside of the United States, PGC ships through DHL. Any shipping outside of the United States is subject to DHL’s shipping policies and procedures. You are responsible for paying all shipping fees, tariffs, or other taxes levied based on the shipping destination.

Comments And Submissions 

All comments, feedback, suggestions, ideas, and other submissions offered or submitted to PGC in connection with your use of this Site (collectively, “Comments”) shall be PGC’s property. Such offer or submission of any Comments constitutes an assignment to PGC of all right, title and interest in all copyright or other intellectual property rights in the Comments. PGC is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments. 

You agree that any Comments submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.  PGC reserves the right to delete any Comments that it feels violate these Terms, at its sole discretion. 

Product Design Protection

No rights in the design of PGC’s products, or designs incorporated into PGC’s products, shall pass to you when you purchase our products. You agree to not copy, reproduce, or cause to be copied or reproduced, whether directly or indirectly, PGC’s products, product designs, designs incorporated into PGC’s products, or its product packaging.

Other Intellectual Property Rights

You acknowledge and agree that PGC owns all right, title and interest, including all intellectual property rights, in and to the Site, including any content, updates or revisions, and any accompanying applications or products and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons. The Site and PGC’s products are protected by United States and international intellectual property laws and treaties.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site, is owned, controlled or licensed by or to PGC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Unless PGC has otherwise expressly given you permission in writing, nothing in these Terms gives you a right to use any of PGC’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, for any purpose, or in any manner that is likely to cause consumer confusion, or that disparages or discredits PGC. All other trademarks not owned by PGC that appear on PGC are the property of their respective owners, who may or may not be affiliated with PGC.

You agree that you will not, use, publish, reproduce, distribute, display, transmit, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, upload, transmit or modify the Site, our intellectual property, or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

Site Availability 

PGC will use reasonable efforts to ensure that the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to software, hardware or infrastructure. We may need to change or discontinue certain aspects of the Site. We may do so without notice to you.

Third Party Merchants / Services

The Site may link to third party services, such as Twitter, Facebook, Instagram, Pinterest, blogging sites, etc., that are not owned or operated by PGC. We may also display advertisements for the goods and services of a third party on the Site, including in connection with promotions and sponsorships. We do not endorse and are not responsible for the safety, quality, accuracy, reliability, or legality of any such advertised goods or services. When you use these third party services or link to another website, you are no longer dealing directly with PGC. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We are not responsible for monitoring any transaction between you and third–party providers or for ensuring the confidentiality of your transactions. It is up to you to take precautions against viruses, worms, Trojan horses and other items of a destructive nature that may exist on third party sites. Before using any of these features, you should review the terms of service and privacy policies of any such third party providers.

Privacy  

We take your privacy seriously. Please review our Privacy Policy, which describes how we handle information about you. By using the Site, you agree to this Privacy Policy, which is incorporated into these Terms by this reference.

Disclaimer Of Warranties

THE SITE, ITS CONTENT, AND OUR PRODUCTS ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOUR USE OF THE SITE AND OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND , WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOST OR DAMAGED DATA; SUBSTITUTE GOODS; LOST PROFITS; INTERRUPTION OF BUSINESS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, AND EVEN IF YOU HAVE BEEN ADVISED BY US OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY RELATING TO YOUR USE OF OUR PRODUCTS AND THE SITE (REGARDLESS OF ITS BASIS), SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT THAT YOU PAID US IN CONNECTION WITH A PARTICULAR PURCHASE YOU MADE FROM THE SITE, OR (B) FIFTY DOLLARS ($50). YOU AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

Indemnification

You agree to indemnify, defend, and hold PGC, and its members, officers, employees, agents, successors, and assigns, harmless from any and all disputes, causes of action, suits, claims, liabilities, damages, losses, fees or costs, including reasonable attorney’s fees and expenses, arising in any way from your use of the Site, your use of our products, from any Comments, from infringement of any proprietary material, or from any breach by you of these Terms, our Privacy Policy, or other guidelines and rules.

Miscellaneous

These Terms shall be construed and governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. You agree that any claim asserted in any legal proceeding based on these Terms or the Site shall be commenced and maintained exclusively in state or federal court located in Multnomah County, Oregon. You agree to submit to the jurisdiction of such courts over you personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. If any provision of these Terms is illegal, void or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of these Terms to remain enforceable. Any failure on PGC’s behalf to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Any waiver by PGC must be in writing and signed by an authorized representative of PGC. These Terms and any policies and guidelines that we post on this Site constitute the complete and final agreement between you and us, and supersede any prior oral or written agreements. We reject any additional or other terms. No modification of these Terms is enforceable against PGC unless in writing and signed by an authorized representative of PGC. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation. In any proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review. Our performance of any obligation to you under these Terms shall be excused or rescheduled if prevented by acts of God, government or public enemy, fire or other casualty, labor dispute or, without limiting the generality of the foregoing, any circumstance beyond our reasonable control.

FEATURED GROWLERS

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