(Last updated July 1, 2015)
IIf you are at least age 13 but under 18 years of age, you may only access, use, or register for the Services, including the Credit Card Rewards Program, with the consent of a parent or guardian.
PacSun will not be liable for any damages that may result from misrepresentation of age by a user of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
In order to provide you with the Services, including to conduct our business and to provide you with the best possible products and services, we may need to provide you with certain communications. By using the Services, you consent to receive any and all such communications. We will communicate with you electronically, including but not limited to e-mail, text, or SMS communications and push notifications, or by posting or sending you notices through the Site and/or the App. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
You agree that all agreements, notices, disclosures, or 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 the Services 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 the Services.
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, appearing via the Services 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.
The 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 via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PacSun. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, 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 the Services to 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 the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).
Any unauthorized use of the Services or the Content therein 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 Services, 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.
We strive to be as accurate as possible with our product descriptions and pricing information listed via the Services. However, we do not warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed via the Services. We reserve the right to discontinue the sale of any product listed via the Services at any time without notice. If upon receipt of a product offered by PacSun you find that it is not as described via the Services, your sole remedy is to return it in unused condition, subject to PacSun's Return/Exchange policy.
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 via the Services may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed via the Services 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. State and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Services are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM 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 THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK.
PACSUN DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES 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 Services 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 the Services 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 SERVICES, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES, 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.
You further agree not to:
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 Credit Card Rewards Program, you receive the following benefits:
You may earn one (1) point (“Credit Card Rewards Point”) for every dollar you charge to your PacSun Credit Card Account at a PacSun store location (a “Location”) or online through the Services.
You may receive exclusive sneak peeks of PacSun products.
For every 100 Credit Card Rewards Points you earn on your PacSun Credit Card Account, you will receive a credit card rewards card (“Credit 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 Credit Card Rewards Card with a value of $10 for your PacSun Credit Card Account during your birth month if you have made a purchase on your PacSun Credit Card Account at any time during the twelve (12) month period immediately prior to your birth month (“Active Cardholder”).
Premier Rewards Program. After earning 500 Credit Card Rewards Points in one calendar year, you will be automatically enrolled in the Premier Credit Card Rewards Program.
To maintain status in the Premier Credit Card Rewards Program, you must earn at least 500 Credit Card Rewards Points in a calendar year. If you are enrolled in the Premier Credit Card Rewards Program and you do not earn at least 500 Credit Card Rewards Points in a calendar year, your Premier Credit Card Rewards Program status will revert to standard Credit Card Rewards Program status until you again earn at least 500 Credit Card Rewards Points in a calendar year.
If you are enrolled in the Premier Credit Card Rewards Program, you are no longer eligible for benefits under the standard Credit Card Rewards Program. Instead, you are only eligible for the benefits available under the Premier Credit Card Rewards Program, which are set out below. If you are enrolled in the Premier Credit Card Rewards Program and your status reverts to standard Credit Card Rewards Program status, you will no longer be eligible for benefits under the Premier Credit Card Rewards Program, and will only be eligible for benefits under the standard Credit Card Rewards Program.
Premier Credit Card Rewards Program Benefits. If you are enrolled in the Premier Credit Card Rewards Program, you receive the following benefits:
You may earn one (1) point (“Credit Card Rewards Point”) for every dollar you charge to your PacSun Credit Card Account at a Location or online through the Services.
You may receive exclusive sneak peeks of PacSun products.
For every 100 Credit Card Rewards Points you earn on your PacSun Credit Card Account, you will receive a Credit Card 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 Credit Card Rewards Card with a value of $15 for your PacSun Credit Card Account during your birth month if you are an Active Cardholder.
Credit Card Rewards Points and Credit Card Rewards Cards.
Expiration: UNUSED Credit Card REWARDS POINTS CARRY OVER ON A MONTH-TO-MONTH BASIS, BUT EXPIRE AFTER ONE (1) CALENDAR YEAR.
Transfer: You may not transfer your Credit Card Rewards Points or Credit Card Rewards Cards to anyone else. Your Credit Card Rewards Points and Credit Card 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 Credit Card Rewards Cards: PacSun is not responsible for lost or stolen Credit Card Rewards Cards.
Credit Card Rewards Card Redemption. You can redeem a Credit Card Rewards Card within the dates shown on the Credit Card Rewards Card by either (i) presenting and surrendering the Credit Card Rewards Card at a Location or (ii) providing the Credit Card Rewards Card code through the Services. The value of a Credit Card Rewards Card may only be applied towards purchases charged to your PacSun Credit Card Account. Credit Card Rewards Cards cannot be combined with any other offer. When redeeming a Credit Card Rewards Card, the value of your purchase must be equal to or greater than the value of the Credit Card Rewards Card. Credit 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 Credit Card Rewards Card, the dollar value of the Credit Card 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 Credit Card Rewards Card. PacSun employees cannot combine Credit Card Rewards Cards with their employee merchandise discount.
Removal From Rewards Program. PacSun reserves the right to remove any person from the Credit Card Rewards Program in the event of any fraud or abuse in connection with the Credit Card Rewards Program. We reserve the right to change or terminate the Credit Card Rewards Program at any time, and in any manner without notice, at our sole discretion.
We make no representation that the Services are appropriate or can legally be used outside the United States. Accessing and using the Services is prohibited in locations where doing so would be illegal. Users that access or use the Services from locations outside the United States do so on their own initiative and are responsible for complying with local laws.
The Services may contain links to or integration of third party content and/or services (including but not limited to any programs, features, activities, and products) owned or operated by parties other than PacSun, including but not limited to social media features. Such links or integrations are provided for your convenience and reference only. PacSun does not own or control the content or services offered by third parties, is not responsible for examining or evaluating third party content or services, and is not responsible for third party content or services. PacSun's inclusion of links to or integrations of third party content or services does not imply any endorsement of the third party content or services or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with the content or services' owner(s), operator(s) or sponsor(s). Nor does PacSun's inclusion of links or integrations imply that PacSun is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked or integrated third party content or services.