Applicable Law
This website is maintained through the Mirakul offices located in Portland, Oregon. Accordingly, this agreement shall be deemed to have been made in the United States in the state of Oregon and shall be governed exclusively by the laws of the State of Oregon without reference to principles of conflicts of law. By using this website, you consent to exclusive jurisdiction and venue in the state of Oregon.

Arbitration of Disputes
You agree that any dispute arising out of or relating in any way to your use of this website or the purchase of merchandise from us requires that such claim be resolved exclusively by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of Portland, Oregon, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law. Any AAA arbitration costs in this arbitration proceeding shall be paid by Powell's.

BECAUSE THE USE OF THIS WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Should this arbitration agreement be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Portland, Oregon.

Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL MERCHANDISE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, COINCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. POWELL'S DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

Third Party Sites
This website may contain links to other unrelated websites on the Internet. We are not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites.

Copyright and Other Proprietary Rights
All content and materials on this website, including without limitation this site's layout, organization and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all such protections provided by applicable law.

Severability
If any provisions of these Terms of Use are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.

Privacy
Please review our Privacy notice to develop an understanding of our practices with respect to this important issue. Our Privacy notice is also subject to these Terms of Use and its provisions are incorporated by this reference.