Terms and Conditions
(Last updated January 1, 2014)
ELIGIBILITY CRITERIA, REGISTRATION, AND SITE ACCESS
PacSun sells products for children, but does not sell products to children. PacSun sells products to adults only. This Site is not directed at children under the age of 18. You must be at least 13 years of age to access, use, or register for the Site, the Member Rewards, or the Rewards Program. If you are under 18 years of age, you may access, use, or register for the Site, the Member Rewards, or the Rewards Program only with the involvement of a parent or guardian. PacSun will not be liable for any damages that may result from misrepresentation of age by a user of our Site. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
COMMUNICATIONS WITH CUSTOMERS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us using this Site are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using this Site.
INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, contained on this Site are owned, controlled or licensed by or to PacSun, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
PacSun’s Content may not be used in connection with any product or service that is not PacSun’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PacSun. All other trademarks not owned by PacSun that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PacSun. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
You are granted a limited, non-sublicensable right to access this Site and print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of this Site or any Content; 3) systematically collect and use any Content or data from this Site, including using data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of this Site or any Content; or 5) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site, or any text or the layout/design of any page of this Site).
Any unauthorized use of this Site or any Content terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PacSun.com, so long as the link does not portray PacSun, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any PacSun logo or other proprietary graphic or trademark as part of the link without express written permission.
SITE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed on PacSun.com. However, we do not warrant that product descriptions, pricing information, or other content on this Site are accurate, complete, reliable, current, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product listed on this Site at any time without notice. If upon receipt of a product offered by PacSun you find that it is not as described on the Site, your sole remedy is to return it in unused condition.
We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Site, including any items ordered through the Member Rewards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PACSUN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PACSUN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THIS SITE AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE AT YOUR SOLE RISK.
PACSUN DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SITE (INCLUDING PRIZES AVAILABLE THROUGH THE MEMBER REWARDS) ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.
You understand that PacSun cannot and does not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. 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 this Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, MEMBER REWARDS, OR REWARDS PROGRAM, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL PACSUN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, THE MEMBER REWARDS, THE REWARDS PROGRAM, ANY WEBSITES LINKED TO THIS SITE, ANY CONTENT OF THIS SITE, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THIS SITE, OR ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE MEMBER REWARDS OR REWARDS PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In any manner that violates any applicable federal, state, local and international law or regulation;
To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of this Site;
In any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including their ability to engage in real time activities through this Site;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by us, may harm PacSun or users of this Site, or may expose PacSun or users of this Site to liability.
ADDITIONAL PROHIBITED USESYou further agree not to:
Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including to monitor or copy any of the material on this Site;
Use any manual process to monitor or copy any of the Content on this Site for any unauthorized purpose without PacSun’s prior written consent;
Use any device, software or routine that interferes with the proper working of this Site;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of this Site, the server on which any part of this Site is stored or any server, computer, or database connected to this Site;
Attack this Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of this Site.
Providing Information. As part of the Member Rewards, you may elect to provide access to information related to your accounts at various social networking sites (including, but not limited to, Twitter, Facebook, and MySpace) in order to obtain Prizes or other benefits. Additionally you may be required to provide valid credit card or mobile telephone account information in order to obtain certain benefits. Providing such information or access is not mandatory, and if you choose to provide any such information or access, you do so voluntarily.
Taxes. You are responsible for all applicable taxes, duties, or other governmental fees (collectively, “taxes”) payable in connection with your acquisition, redemption, or use of Member Points or Prizes. If you do not pay the required taxes, you will be responsible for all payments of taxes that are later determined to be due. We reserve the right to collect applicable taxes from you at any time.
Acquiring and Redeeming Member Points. We may offer you the opportunity to obtain Member Points and redeem those Member Points for Prizes through PacSun’s online redemption center (the “Prize Center”). Member Points are provided to you without charge on a promotional basis. We may restrict your acquisition, use, and redemption of Member Points in any manner, at our sole discretion. Member Points cannot be transferred to any other user or third party, and cannot be redeemed for cash. We reserve the right to change the way you may acquire Member Points or to discontinue the Member Rewards at any time. We reserve the right to expire Member Points ninety (90) days after the date they are provided, except if otherwise required by law. We may restrict your ability to obtain or redeem your Member Points based on your place of residence.
Voluntary Account Deactivation. If you voluntarily deactivate your account and have a remaining balance of Member Points, we may, but are under no obligation, to hold them pending your reactivation.
Posting Errors. If we post Member Points to your account for an activity that is subsequently voided or canceled, then we will deduct those Member Points from your account. You must ensure that we properly post your Member Points to your Member Points account. If you believe that you have validly acquired Member Points that we have not posted to your account, you must contact us within ninety (90) days after the date you claim to have acquired those Member Points. We may require reasonable documentation to support your claim.
Value. Member Points have no “real-world” or cash value.
License of Virtual Prizes. In our sole discretion, we may offer you the opportunity to redeem Member Points for access to or otherwise acquire certain virtual Prizes through the Prize Center. Subject to these Terms, we grant you a limited, personal, revocable, non-transferable license to use the virtual Prizes.
Ownership: You do not own any virtual Prizes which are provided by PacSun.
Use: You may use virtual Prizes for personal, non-commercial purposes only. We will attempt, but cannot guarantee that we will be able, to make virtual Prizes you select available for use within a reasonable period after you redeem your Member Points.
Modifications: The existence of a particular virtual Prize available in the Prize Center is not a commitment by us to maintain or continue to make that particular virtual Prize available in the future. We may revise, discontinue, or modify virtual Prizes at any time without providing you with prior notice. We reserve the right to substitute items of equal or greater value when a virtual Prize is unavailable or to cancel your acquisition and refund your account balance with the amount of Member Points you redeemed for the virtual Prize.
Redemption: When you redeem Member Points for virtual Prizes, we will send the virtual Prizes to you. Our obligation ends when delivery is complete. The length of time you may have access to the virtual Prizes will be determined by us at our sole discretion.
Reuse: You may NOT reproduce, distribute, transfer, modify, or otherwise use virtual Prizes in any manner other than as authorized in writing by PacSun.
Value: Virtual Prizes have no “real world” or cash value.
Order and Delivery of Tangible Prizes. In our sole discretion, we may offer you the opportunity to redeem Member Points to acquire certain tangible Prizes through the Prize Center.
Redemption: If you choose to redeem Member Points for tangible Prizes, you must provide us with a valid address in the United States or Puerto Rico, or a APO/FPO address where such tangible Prizes may be shipped. In certain circumstances, you also may be required to provide us with payment information to pay for any applicable shipping and handling costs.
Shipment: In most cases, tangible Prizes will be shipped within 4 to 6 weeks of your order, but there are circumstances when it may take longer. PacSun will not ship any tangible Prizes to an address that is not in the United States, Puerto Rico, or an APO/FPO address. We do not guarantee that tangible Prizes will arrive by a certain date. All orders are shipped FOB shipping point, and we are not responsible for any shipping delays, losses, or problems after any tangible Prize has been shipped. We reserve the right to charge you for reasonable shipping and handling costs.
Modifications: Tangible Prizes are only available in limited quantities and are provided to you on a promotional basis, without any commitment to continue to make the same tangible Prizes available in the future. We may discontinue or modify tangible Prizes at any time without providing you with prior notice. We will have no liability of any kind if a tangible Prize becomes unavailable after you order it, and we reserve the right to refund your account balance with the amount of Member Points you redeemed for any unavailable tangible Prize.
Exchanges: All orders of tangible Prizes are final. Except at our sole discretion, we will not exchange any tangible Prizes or refund your account with Member Points after you place an order for a tangible Prize, even if the tangible Prize provided to you is defective, different from what you ordered, or otherwise unacceptable.
Cancellation: We reserve the right to cancel any order of tangible Prizes at any time at our sole discretion.
Account Security. You are responsible for maintaining the confidentiality of your own PacSun Credit Card Account and password, and for restricting access to your own computer. You agree to accept responsibility for all activities that occur under your PacSun Credit Card Account or password.
Benefits. If you participate in the Rewards Program, you receive the following benefits:
You may earn one (1) point (“Rewards Points”) for every dollar you charge to your PacSun Credit Card Account at a PacSun store location (a “Location”) or online through this Site.
You may receive exclusive sneak peeks of PacSun products.
For every 100 Rewards Points you earn on your PacSun Credit Card Account, you will receive a rewards card (“Rewards Card”) with a value of $10 for your PacSun Credit Card Account which you may use to receive $10 off your next purchase of PacSun products.
You will receive a Rewards Card with a value of $10 for your PacSun Credit Card Account during your birth month.
Premier Rewards Program. After earning 500 Rewards Points in one calendar year, you will be automatically enrolled in the Premier Rewards Program.
To maintain status in the Premier Rewards Program, you must earn at least 500 Rewards Points in a calendar year. If you are enrolled in the Premier Rewards Program and you do not earn at least 500 Rewards Points in a calendar year, your Premier Rewards Program status will revert to standard Rewards Program status until you again earn at least 500 Rewards Points in a calendar year.
If you are enrolled in the Premier Rewards Program, you are no longer eligible for benefits under the standard Rewards Program. Instead, you are only eligible for the benefits available under the Premier Rewards Program, which are set out below. If you are enrolled in the Premier Rewards Program and your status reverts to standard Rewards Prizesesogram status, you will no longer be eligible for benefits under the Premiere Rewards Program, and will only be eligible for benefits under the standard Rewards Program.
Premier Rewards Program Benefits. If you are enrolled in the Premier Rewards Program, you receive the following benefits:
You may earn one (1) point (“Rewards Points”) for every dollar you charge to your PacSun Credit Card Account at a Location or online through this Site.
You may receive exclusive sneak peeks of PacSun products.
For every 100 Rewards Points you earn on your PacSun Credit Card Account, you will receive a Rewards Card with a value of $15 for your PacSun Credit Card Account, which you may use to receive $15 off your next purchase of PacSun products
You will receive a Rewards Card with a value of $15 for your PacSun Credit Card Account during your birth month.
Rewards Points and Rewards Cards.
Expiration: UNUSED REWARDS POINTS CARRY OVER ON A MONTH-TO-MONTH BASIS, BUT EXPIRE AFTER ONE (1) CALENDAR YEAR.
Transfer: You may not transfer your Rewards Points or Rewards Cards to anyone else. Your Rewards Points and Rewards Cards may only be used by you for your own personal benefit. You cannot combine your benefits with the benefits accrued by any other person.
Lost or Stolen Rewards Cards: PacSun is not responsible for lost or stolen Rewards Cards.
Rewards Card Redemption. You can redeem a Rewards Card within the dates shown on the Rewards Card by either (i) presenting and surrendering the Rewards Card at a Location or (ii) providing the Rewards Card code through this Site. The value of a Rewards Card may only be applied towards purchases charged to your PacSun Credit Card Account. Rewards Cards cannot be combined with any other offer. When redeeming a Rewards Card, the value of your purchase must be equal to or greater than the value of the Rewards Card. Rewards Cards cannot be credited to a PacSun Credit Card Account, redeemed for cash or a cash equivalent, applied to past purchases, or used for purchasing gift cards. If you return merchandise purchased with a Rewards Card, the dollar value of the Rewards Card allocated to the item(s) returned will not be refunded or credited. Returns are subject to PacSun’s Return/Exchange policies. Additional restrictions may also apply as stated on your Rewards Card. PacSun employees cannot combine Rewards Cards with their employee merchandise discount.
Removal From Rewards Program. PacSun reserves the right to remove any person from the Rewards Program in the event of any fraud or abuse in connection with the Rewards Program. We reserve the right to change or terminate the Rewards Program at any time, and in any manner without notice, at our sole discretion.
We make no representation that this Site, the Member Rewards, or the Rewards Program is appropriate or can legally be used outside the United States. Accessing and using this Site, the Member Rewards, and the Rewards Program is prohibited in locations where doing so would be illegal. Users that access or use the Site, the Member Rewards, or the Rewards Program from locations outside the United States do so on their own initiative, and are responsible for complying with local laws.
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