For Use of Chasing Portland, LLC Services
This License Agreement is between Chasing Portland, LLC ("we, us or our") and the individual or company to whom Chasing Portland, LLC will supply the online and/or digital services and materials ("you, your, or Customer"). The following terms and conditions govern your use of the Chasing Portland platform supplied by Chasing Portland, LLC (the "Service") and the materials and content provided to you and available therein ("Materials"). These terms and conditions are applicable to the website, social media (when possible), and mobile applications owned by Chasing Portland, LLC.
Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the Chasing Portland platform (the “Service”) operated by Chasing Portland, LLC.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service, and the products, features, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.
By accessing or using the Service, you expressly agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
Ownership and License
Except as may be explicitly permitted through platform, you may not copy, modify, upload, republish, display, post, license, create derivative works from, or transmit anything you obtain from the Chasing Portland platform, unless you first obtain our express written consent. Any rights not expressly granted herein are reserved to Chasing Portland, LLC and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Chasing Portland platform, or the content or information. Any unauthorized use of the Chasing Portland platform or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity communications regulations and statutes.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantially material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notice of any change may be given in any manner choose that complies with law. We encourage you to review this page periodically for the most recent version of these Terms. Any use by a User of the Chasing Portland platform following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms and Conditions.
To use the Service, you must be over the age of 13 and reside in the United States.
Restrictions on Use
Passwords and Security
The Chasing Portland platform may require membership and registration. You agree that if you are issued a username and password in connection with the Chasing Portland platform, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or username has been lost, stolen, or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.
Chasing Portland has made every effort to accurately display the colors of our products that appear on the Chasing Portland platform. However, due to monitor variations and discrepancies, we cannot guarantee that the display of color on your monitor will accurately match the true color of a product.
We endeavor to present the most recent, most accurate, and most reliable information the Chasing Portland platform at all times. However, there may be occasions when some of the information featured on the Chasing Portland platform may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional, and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Chasing Portland product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, Chasing Portland shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Chasing Portland shall 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 cancelled, Chasing Portland shall issue a credit to your credit card account in the amount of the incorrect price.
Trademarks/Third Party Content
Chasing Portland, LLC may display and distribute content and information supplied by third parties on the Chasing Portland platform. Chasing Portland, LLC does not guarantee the accuracy, completeness, or usefulness of, or endorse, any content or information of any third party. Any opinions, advice, statement, services, offers or other content or information expressed or made available by third parties are those of the respective author or distributor, and not Chasing Portland, LLC. All trademarks, service marks, trade names, logos, trade dress, icons or domain names located on the Chasing Portland platform are the property of Chasing Portland, LLC, its affiliates, their respective licensors or other third parties. Nothing contained on the Chasing Portland platform shall be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon or domain name displayed on the Chasing Portland platform, without the express written permission of Chasing Portland, LLC or applicable third party that may own the marks or names displayed on the Chasing Portland platform. Your use of the trademark, service mark, trade name, logo, trade dress, icon or domain name displayed on the Chasing Portland platform, or any other content or information on the Chasing Portland platform, except as provided herein, is strictly prohibited.
When placing an order through the Chasing Portland platform, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. A breach or violation of any term in these Terms and Conditions of Service, as determined in the sole discretion of Chasing Portland, LLC may result in an immediate termination of your Services.
Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery.
Payment Terms: All applicable prices are set forth alongside the goods offered through the Chasing Portland platform. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. Such prices are subject to change at any time by Chasing Portland, LLC in its sole discretion. Additionally, to the extent that we offer a promotion in connection with any item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). Chasing Portland, LLC reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Return Policy: Regular Chasing Portland Products: Please contact us within 7 days of receiving your items for an exchange, or for a return to receive store credit. It should be in the same condition as received with original tags. Custom Chasing Portland Products: Due to the nature of custom items, only defective custom items can be returned. It is possible that mistakes can be made in the personalizing process. If there has been a mistake with your order, please contact us as soon as the item is received to resolve the issue.
Disclaimer of Warranties
CHASING PORTLAND, LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CHASING PORTLAND PLATFORM, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE CHASING PORTLAND PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CHASING PORTLAND PLATFORM. ALL INFORMATION AND USE OF THE CHASING PORTLAND PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CHASING PORTLAND, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CHASING PORTLAND PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE CHASING PORTLAND PLATFORM AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CHASING PORTLAND PLATFORM, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHASING PORTLAND, LLC DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE CHASING PORTLAND PLATFORM ARE ACCURATE, RELIABLE OR CORRECT; THAT THE CHASING PORTLAND PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE CHASING PORTLAND PLATFORM ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE CHASING PORTLAND PLATFORM IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A CHASING PORTLAND, LLC PRODUCT FROM CHASING PORTLAND, LLC OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE, AND USE OF THE CHASING PORTLAND PLATFORM DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CHASING PORTLAND, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE CHASING PORTLAND PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE CHASING PORTLAND PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CHASING PORTLAND PLATFORM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CHASING PORTLAND, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CHASING PORTLAND, LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
Copyright and Trademarks
The trademarks and logos used and displayed on the Chasing Portland platform are Chasing Portland, LLC’s, or its subsidiaries or affiliates’, registered and unregistered trademarks. Chasing Portland, LLC is the copyright owner or authorized licensee of all text and all graphics contained on the Chasing Portland platform. All trademarks and service marks of Chasing Portland, LLC that may be referred to on Chasing Portland platform are the property of Chasing Portland, LLC. Other parties’ trademarks that may be referred to on the Chasing Portland platform are the property of their respective owners. Nothing on the Chasing Portland platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Chasing Portland, LLC’s trademarks without its prior written permission. Chasing Portland, LLC aggressively enforces its intellectual property rights. Neither the name of Chasing Portland, LLC nor any of its other trademarks or copyrighted materials may be used in any way, including, without limitation, in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Chasing Portland platform or otherwise, without the Chasing Portland, LLC’s prior written permission. If you believe that any content on the Chasing Portland platform violates any intellectual property right of yours, please contact Chasing Portland, LLC at email@example.com. Should we determine that you have violated this agreement by reproducing or otherwise using our Trademark or other information or graphics without our permission, you will be restricted from accessing the Chasing Portland platform, and any orders or gift cards will be cancelled with no refund and will be subject to all legal action available under the law.
These Terms constitute the entire agreement between you and Chasing Portland, LLC regarding your use of the Chasing Portland platform. If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org or via postal mail to:
Chasing Portland, LLC
P.O. Box 1697
Jackson, MS 39215-1697
Privacy Notice and Policy
Information We Collect
We may access or collect personal information about you and non-personal information through the Chasing Portland platform. This information is accessed and collected in a variety of ways, including:
- Information you voluntarily submit to us via our Services for you to enjoy a particular Service, your user ID and password, name, email address, telephone number, physical address, birth date, financial information such as credit card or other payment information, gender, zip code, correspondence you send to the Chasing Portland website, information provided as a part of a web survey or other online form or other information may be collected via the website.; and
- Information we automatically collect about how you use our Services, including through the operating system of your mobile device (in the case of our mobile apps) or through analytics tools to determine when you use our Services and how you interact with our content. We may automatically receive and store certain types of information whenever you visit the website including but not limited to: your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area; other unique identifiers, including mobile device identification numbers; search queries; your browser type and operating system; sites you visited before and after visiting the website; pages you view and links you click on within the website; geolocation information; information collected through cookies, web beacons, local shared objects, and other technologies; information about your interactions with e-mail messages, such as the links clicked on and whether the messages were received, opened, or forwarded; and Standard Server Log Information.
Our Services may access or collect information that identifies you, including information you voluntarily provide, which may include:
- Account information, name, email address, user credentials, age, address, and/or phone number;
- Location Data such as GPS, Wi-Fi, or network location;
- User files stored on your device or system that you voluntarily provide; and
- Activities on your device, system, or software when you use our Services, including access to and information camera use, local storage, device information, system information, and information drawn from other sources, such as social networks, mobile platforms, and our affiliates, vendors, advertisers, and various other providers of data.
Newsletters and Site Emails
We may offer free newsletters or connect in other ways with you to share information with you about the Site, our Services, about us and our affiliates and subsidiaries, or about our business partners and advertisers and sponsors.
Cookies and Similar Technologies
How We Use Data
We use the information we collect to provide, protect, and improve our Services, to develop new ones, and to protect our Services and our users. For example, we and our vendors use your information to:
- Contact you about the Chasing Portland platform;
- Contact you relating to your account;
- Confirm or fulfill an order you have made;
- Monitor or improve the use of the Chasing Portland platform;
- Publish stories, comments, photos, and other information;
- Perform business analyses and improve our products and Services;
- Customize the advertising and content you see;
- Monitor compliance with our terms and conditions of use of the Chasing Portland platform;
- Provide special offers or information regarding products and services;
- Send you promotional material on behalf of our partners;
- Responses to your comments and questions;
- Develop reports regarding usage, activity, and statistics;
- Comply with applicable laws, regulations, and legal process;
- Protect someone’s health, safety, or welfare;
- Protect our rights, the rights of affiliates or related third-parties, or take appropriate legal action, such as to enforce our Terms and Conditions of Use Agreement;
- Keep a record of our transactions and communications; and
- Facilitate the provision of software updates and product support.
We will continue to incorporate new technology into our Services and our business for these purposes and related purposes.
Disclosure of Your Information to Third Parties
At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others:
- Service Providers: We employ other businesses, certain services, and individuals to perform functions on our behalf. Examples include fulfilling orders, sending e-mail, removing repetitive information from customer lists, Site analysis, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They may have access to personally identifiable information needed to perform their functions but may not use it for other purposes.
- Business Partners: We may send offers to you on behalf of other partners.
- Aggregate Information: We may share aggregate information such as demographics and Site usage statistics to advertisers, sponsors, or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information. We are not responsible for the privacy practices of our business partners.
- Business Transfers: The Site may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, which we have gathered, may be one of the business assets we transfer.
- Legal Process: In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.
- Interactive Features: We may share information with third parties when you post information to a user profile or a public area of the Site, such as a chat room, forum, blog, or other community tool. If you post to these interactive features, it will be publicly available, and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
We may use your non-personal information, including de-aggregated or de-identified personal information, at our sole discretion.
In addition, we may allow third parties to place and read their own cookies, web beacons, Local Shared Objects, and similar technologies to collect information through the Site. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics. Non-personal information collected from you does not identify you personally, and we may disclose non-personal information to third parties for any purpose.
Advertising and Personalized Content
Advertising is important to our ability to continue to evolve and develop the Services provided to you. We may share your personal information with our advertisers, advertising networks, or other third parties for direct marketing and promotional purposes. Additionally, our advertisers, certain outside network advertising services, and other third parties may place cookies, web beacons, and other similar technology on your device to personalize your experience, collect information about your preferences, collect location information, and/or deliver customized advertising content.
Advertisers and other third parties involved in the delivery of ads to you may offer you opportunities to choose what type of information about you is collected, used, and shared, and how that is done. We do not control outside parties or the choices they may offer you – please contact them directly to learn about your choices.
California “Shine the Light Act”
Safeguarding Children’s Privacy
We do not knowingly collect personal information online from children under 13 years of age. If we discover that we have inadvertently collected personal information online from children under 13, we will endeavor promptly to destroy such information or remove any identifying details.
We take steps to protect the security of the information you provide us. Yet, no security is perfect, and transmissions over the Internet are potentially vulnerable. Please use caution when disclosing your personal information.
Chasing Portland, LLC
P.O. Box 1697
Jackson, MS 39215-1697