Terms and Conditions

Terms & Conditions

Effective Date: 3.01.2015
 Website: thegreatpnw.com

These Terms & Conditions (“Terms”) govern your access to and use of the website located at thegreatpnw.com and any related services, features, content, products, and subscriptions offered by [The Great PNW, Inc], doing business as The Great PNW (“The Great PNW,” “we,” “our,” or “us”).

By accessing our website, creating an account, placing an order, or purchasing a product or subscription, you agree to be bound by these Terms. If you do not agree, do not use this website.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to make a purchase on this website. By using this website, you represent that you have the legal capacity to enter into a binding agreement.

2. Online Store

The Great PNW sells apparel, accessories, and related merchandise through this website. We may also offer limited-edition items, collaborations, memberships, subscriptions, promotional offers, gift cards, or other special products from time to time.

We reserve the right to modify, suspend, discontinue, or limit any product, service, feature, promotion, or content at any time without notice.

3. Product Information and Availability

We strive to display product descriptions, sizing information, colors, images, pricing, and availability as accurately as possible. However, we do not warrant that product descriptions or other content on the website are accurate, complete, current, or error-free.

Because screen displays vary, we cannot guarantee that colors shown on your device will exactly match the actual product.

All products are subject to availability. We reserve the right to limit quantities, refuse any order, or discontinue any product at any time.

4. Orders

Placing an order does not guarantee acceptance. All orders are subject to review and acceptance by us.

We reserve the right, in our sole discretion, to refuse, cancel, or limit any order for any lawful reason, including suspected fraud, unauthorized resale activity, pricing or inventory errors, or suspected violations of these Terms.

If we cancel an order after payment has been processed, we will issue a refund in accordance with applicable law and our internal policies.

5. Pricing and Payment

All prices are listed in U.S. dollars unless otherwise stated. Prices, discounts, promotions, and availability are subject to change without notice.

You agree to provide current, complete, and accurate billing, shipping, and payment information for all purchases. By submitting payment information, you represent that you are authorized to use the selected payment method.

Applicable sales tax, shipping charges, subscription charges, duties, fees, or other charges may be added at checkout where required.

6. Shipping and Delivery

Shipping timelines provided on this website are estimates only unless expressly stated otherwise. We are not liable for delays caused by carriers, weather, supply issues, incorrect addresses, customs processing, or events outside our reasonable control.

Risk of loss and title for purchased products pass to you upon our delivery of the order to the shipping carrier, unless otherwise required by law.

You are responsible for providing an accurate shipping address. If a package is returned due to an incorrect or incomplete address, failed delivery attempts, or refusal of delivery, additional shipping charges may apply.

7. Returns, Exchanges, Refunds, and Store Credit

Returns, exchanges, refunds, and store credit are governed by our posted return, exchange, and refund policies, which may be updated from time to time and are incorporated into these Terms by reference.

To the extent permitted by law:

  • returned items must be unworn, unused, unwashed, and in original condition;

  • certain items may be non-returnable or non-exchangeable, including final sale items, promotional items, mystery items, limited drops, gift cards, subscription items, or other items identified as non-returnable at the time of purchase;

  • original shipping charges are non-refundable unless required by law;

  • refund timing may vary based on payment provider processing times.

If there is any conflict between these Terms and a product-specific or promotion-specific return rule shown at checkout or on the product page, the product-specific or promotion-specific rule will control for that transaction.

8. Upper Left Club and Other Subscription Offerings

If you enroll in any recurring product program, membership, auto-renew subscription, or club offering, including any monthly apparel subscription, the following additional terms apply:

  1. Recurring Billing. You authorize us and our payment processors to charge your selected payment method on a recurring basis according to the subscription terms presented at checkout.

  2. Automatic Renewal. Your subscription will continue and renew automatically until canceled by you or terminated by us.

  3. Billing Date. Charges may occur on the recurring billing date disclosed at sign-up or in your account settings.

  4. Skipping, Pausing, or Canceling. Where offered, you may skip, pause, or cancel through your online account or other method we make available. Changes must be made before the cutoff stated in your account or subscription flow to take effect for the next billing cycle.

  5. Subscription Product Terms. Subscription products may have separate shipping windows, exchange limitations, and cancellation timing rules disclosed on the applicable subscription page, checkout page, or account portal.

  6. Price Changes. We may change subscription pricing by providing notice consistent with applicable law. Continued participation after the effective date of the price change constitutes acceptance of the new price.

  7. Termination. We may suspend or terminate a subscription at any time for fraud, abuse, failed payment, inventory constraints, policy violations, or other lawful reasons.

9. Promotions, Discount Codes, and Gift Cards

Promotions, discount codes, giveaways, credits, rewards, and gift card offers are subject to any additional terms disclosed with the offer. Unless otherwise stated:

  • promotions cannot be combined;

  • discount codes have no cash value;

  • expired promotions will not be honored;

  • we may modify or cancel a promotion at any time;

  • gift cards are non-refundable except where required by law.

10. Accounts

You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree to notify us promptly of any unauthorized access to or use of your account. We are not liable for losses arising from unauthorized use of your credentials.

11. Intellectual Property

All content on this website, including text, graphics, logos, icons, product names, slogans, images, videos, artwork, designs, downloads, and website layout, is owned by or licensed to The Great PNW and is protected by copyright, trademark, trade dress, and other applicable laws.

Your use of the website does not grant you any ownership or license rights in our content, except for a limited, revocable, non-exclusive, non-transferable right to access and use the website for personal, non-commercial shopping purposes.

You may not reproduce, copy, distribute, republish, modify, scrape, sell, exploit, or create derivative works from any website content without our prior written permission.

12. User Content and Reviews

If you submit reviews, comments, photos, videos, social media tags, testimonials, or other content to us or post content that mentions or tags The Great PNW, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, display, distribute, and create derivative works from that content in connection with our business, marketing, advertising, and brand channels.

You represent that:

  • you own or control the rights to the content you submit;

  • your content does not violate any law or infringe any third-party rights;

  • your content is not false, defamatory, obscene, abusive, misleading, or unlawful.

We reserve the right, but not the obligation, to monitor, edit, remove, or refuse user content at our discretion.

13. Prohibited Uses

You agree not to use the website:

  • for any unlawful purpose;

  • to violate any applicable law, regulation, or third-party right;

  • to submit false or misleading information;

  • to interfere with or disrupt the security or functionality of the website;

  • to introduce viruses, malware, bots, or harmful code;

  • to scrape, crawl, mirror, or data-mine the website without permission;

  • to bypass security features or access restricted areas;

  • to use the website for unauthorized resale, commercial exploitation, or fraudulent transactions.

We may suspend or terminate access to the website for violations of these Terms.

14. Third-Party Services and Links

This website may include links to third-party websites, apps, payment processors, social platforms, review tools, subscription tools, fraud-prevention tools, and other third-party services. We do not control and are not responsible for the content, policies, or practices of third parties.

Your use of any third-party service is governed by that third party’s own terms and policies.

15. SMS, Email, and Marketing Communications

If you opt in to receive marketing or transactional emails, text messages, or other communications from us, you consent to receive those communications using the contact information you provide, subject to our Privacy Policy and any applicable messaging terms presented at sign-up.

Consent to receive marketing communications is not a condition of purchase. Message and data rates may apply for text messages. You may unsubscribe or opt out at any time using the method described in the communication or by contacting us.

16. Privacy

Your submission of personal information through the website is governed by our Privacy Policy, which is incorporated into these Terms by reference.

17. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE GREAT PNW DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOTHING IN THESE TERMS LIMITS ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE GREAT PNW AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF ANY PRODUCT OR SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, ANY ORDER, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Indemnification

You agree to indemnify, defend, and hold harmless The Great PNW and its affiliates, owners, officers, employees, agents, contractors, licensors, and service providers from and against any claims, damages, liabilities, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • your violation of these Terms;

  • your misuse of the website;

  • your violation of any law or third-party right;

  • any content you submit.

20. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms, the website, or any purchase from The Great PNW will be governed by the laws of the State of Washington, without regard to conflict of law principles.

Any legal action not subject to arbitration must be brought exclusively in the state or federal courts located in Spokane County, Washington, and you consent to the personal jurisdiction and venue of those courts.

21. Optional Arbitration Clause

Use this section only after attorney review.

At our election, any dispute, claim, or controversy arising out of or relating to these Terms, the website, or any product or service may be resolved by binding arbitration administered by the American Arbitration Association under its applicable consumer rules. Judgment on the award may be entered in any court of competent jurisdiction.

You and The Great PNW agree that any arbitration will be conducted on an individual basis only and not as a class, consolidated, or representative action, to the fullest extent permitted by law.

If you do not want arbitration in your Terms, delete this section entirely.

22. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier disruption, acts of God, weather events, labor disputes, supply shortages, government actions, internet outages, payment processor failures, cyber incidents, or other force majeure events.

23. Severability

If any provision of these Terms is held unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

24. No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

25. Changes to These Terms

We may update or modify these Terms at any time in our sole discretion. The updated version will be posted on this page with a revised effective date. Your continued use of the website after updated Terms are posted constitutes your acceptance of the revised Terms.

26. Contact Information

Questions about these Terms should be directed to:

The Great PNW
The Great PNW, Inc
519 N. Sycamore
Spokane, WA 99202

info@thegreatpnw.com