Last Updated: November 1, 2024

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These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the paintandsipportland.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Paint and Sip Portland LLC (“we”, “us”, or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Paint and Sip Portland LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

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Billing and Payments

You shall pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures. The Website and Services are in compliance with PCI vulnerability standards to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

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Accuracy of Information

Occasionally, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. 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 Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law.

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Links to Other Resources

The Website and Services may link to other resources (such as websites, mobile applications, etc.); however, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any third parties. Your linking to any other off-site resources is at your own risk.

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Prohibited Uses

In addition to other terms as set forth in this Agreement, you are prohibited from using the Website and Services or Content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third-party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third-party products and services, or the Internet.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

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Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Paint and Sip Portland LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Paint and Sip Portland LLC. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Paint and Sip Portland LLC or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Paint and Sip Portland LLC or third-party trademarks.

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Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Paint and Sip Portland LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

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Indemnification

You agree to indemnify and hold Paint and Sip Portland LLC and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website and Services or any willful misconduct on your part.

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Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Oregon, United States without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Oregon, United States, and you hereby submit to the personal jurisdiction of such courts.

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Changes and Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. An updated version of this Agreement will be effective immediately upon posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement will constitute your consent to those changes.

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Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

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