Effective Date of Current Policy:
May 15, 2022
Portland Bottling Company (“Portland Bottling Company,” “we” or “us”) operates the website located at www.portlandbottling.com and any content or services available via such site or successor site (“Website”). The following terms and conditions (“Terms of Service”) clarify our relationship and govern your use of the Website. Please read these Terms of Service carefully. If you do not agree to these Terms of Service, you may not access the Website.
You represent and warrant that you are at least 18 years of age. If you are accessing the Website on behalf of an entity, you represent and warrant that you have the legal authority to bind that entity to these Terms of Service.
CHANGES TO TERMS OF SERVICE
We reserve the right to update and revise these Terms of Service at any time in our sole discretion. We will provide notice of such changes, however you agree that your continued use of our Website means that you accept and agree to these Terms of Service as amended. We recommend that you review these Terms of Service regularly to ensure that you are aware of their terms.
By accessing or using the Website, submitting your information through the Website, or communicating with us through the Website, you consent to receive communications from us by e-mail or Website notices. Any communications provided to you electronically will satisfy any legal requirement that such communication be in writing.
INTELLECTUAL PROPERTY RIGHTS
All content and material posted on this Website are the property of Portland Bottling Company, and its licensors. Any unauthorized use of any content or materials on this Website is strictly prohibited and may violate applicable laws. You are granted a non-exclusive, non-transferable, revocable right to access and use the Website strictly in accordance with these Terms of Service. As a condition of your use of the Website, you warrant to Portland Bottling Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Service. Such grant does not permit you to: (1) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website; (2) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website in any form or by any means; or (3) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.
You agree that Portland Bottling Company, and the Portland Bottling Company logo(s), are the trademarks of Portland Bottling Company, and may not be reproduced, displayed, or otherwise used in any way, in any medium, including variations thereon that may be mistakenly confused with such marks, without our express written consent.
If you provide us any idea, proposal, suggestion, or feedback, including ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you provide us, without charge or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
CHANGES TO THE WEBSITE; DISCLOSURE
DISCLAIMER; LIMITATION OF LIABILITY
You acknowledge that Portland Bottling Company does not guarantee or warrant that files available for downloading from the Internet or the Website, and any personal information you provide to us over the Website, will be free of viruses or other destructive code, or that it will not be vulnerable to sabotage, hacking or other unauthorized access by third parties. You agree to and do hereby irrevocably waive any claims against Portland Bottling Company, its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, that may result from the unauthorized access, use or disclosure of information in such files, including but not limited to any claims for invasion of privacy, defamation, libel, slander, or other damages to person or reputation. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. YOUR USE OF THE SITE, ITS CONTENT OR ANYTHING OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED BY THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. PORTLAND BOTTLING COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL PORTLAND BOTTLING COMPANY, ITS AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES ARISING FROM LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER DIRECT DAMAGES FROM THE FOREGOING PARTIES UP TO $100. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All disputes relating to the enforcement of any rights arising from the Terms of Service shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal or state courts in Multnomah County, Oregon, and you hereby irrevocably submit to the exercise of in personam jurisdiction over you by such courts in connection with any such proceeding.
We control and operate the Website solely from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
WAIVER AND SEVERABILITY
Any failure of Portland Bottling Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Please send all infringement notices under the DMCA to email@example.com. We will disable or terminate users who are repeat infringers.
TERMINATION AND ACCESS RESTRICTION
Portland Bottling Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Portland Bottling Company as a result of these Terms of Service or use of the Website. Portland Bottling Company’s performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Portland Bottling Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Portland Bottling Company with respect to such use.
If you do not understand any of these Terms of Service or if you have any questions or comments, you may contact us at firstname.lastname@example.org.