PACSUN MEMBER REWARDS PROGRAM: TERMS OF USE

(last updated October 18, 2013)

PLEASE READ THESE TERMS OF USE CAREFULLY. They contain important information regarding your legal rights, remedies, and obligations when you acquire or use Points or Goods (tangible or virtual). Additionally, please review our Privacy Policy (http://www.pacsun.com/company/privacy-policy.html) and Terms and Conditions (http://www.pacsun.com/company/terms-and-conditions.html) for more information.

  1. ACCEPTANCE OF TERMS: Pacific Sunwear of California, Inc. and its affiliates ("we" or "PacSun") provides certain customer loyalty programs, incentive programs, and other member rewards programs (collectively, the "Rewards Program"). The Rewards Program is affiliated with various online companies, social media networks, and other partners (collectively, "Partners") that customize, administer, and make available to you virtual currency ("Points"), certain products and services ("Goods") both real and virtual, through PacSun's and its Partners' websites, products, applications (including mobile applications and applications available on social networking sites and other platforms). If you do not agree to these Terms of Use ("Terms of Use" or "Terms"), such policies, or any modifications thereto, please do not use PacSun's website (the "Site").

  2. SCOPE AND MODIFICATION: Your acquisition and use of PacSun Points and Goods through the Site is governed by these Terms of Use. PacSun may, at its sole discretion, change these Terms, in whole or in part, at any time. It is your responsibility to review these Terms for any changes. The revised Terms will govern any acquisition or use of Points or Goods after the date we post the revised Terms on PacSun's website. You should review these Terms before each time you acquire, redeem, order, or use Points or Goods so you understand your rights, remedies, and obligations. If you have any questions about these Terms, please contact us through the PacSun website at: http://www.pacsun.com/contactus.

  3. PRIVACY: Your privacy is important to us. Please refer to our Privacy Policy (available at http://www.pacsun.com/company/privacy-policy.html) for information on how we collect, disclose, and use your personal information.

  4. MINORS AND ELIGIBILITY: The Rewards Program is not directed at children under the age of 13. You must be at least 13 years of age to be eligible for the Rewards Program. If you do not so qualify, you are prohibited from accessing, using and registering for the Rewards Program. PacSun will not knowingly collect personally identifiable information from any person under the age of 13 without prior verifiable parental consent. If you are a parent and you think we have inadvertently collected personal information from your child who is under 13, you may email us at info@pacificsunwear.com or contact Customer Service at 1-877-372-2786 to request that we delete his or her information from our files. PacSun may refuse to offer or continue offering the Rewards Program to any person or entity and may change its eligibility criteria from time to time.

  5. REGISTRATION: To register for the Rewards Program, you must provide PacSun with current, complete, and accurate information. You may elect to provide access to information related to your accounts at social networking sites (such as, for example, Twitter, Facebook and MySpace) in order to obtain certain benefits from the Rewards Program. Additionally you may be required to provide valid credit card or mobile telephone account information in order to obtain certain benefits from the Rewards Program. You shall maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate. PacSun may, in its sole discretion, refuse to accept any application to register.

  6. ACQUISITION: To acquire Points or Goods, you must be a registered user of the Site and comply with these Terms. You are responsible for maintaining the security of your account and password and making sure that no one besides you has access. You are responsible for all activities that occur under your account. PacSun reserves the right to refuse or cancel your acquisition of Points or Goods at any time in PacSun's sole discretion.

  7. TAXES: You are responsible for all applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your acquisition, redemption, or use of Points or Goods. If you do not pay the required taxes and fees, you will be responsible for all payments of taxes, fees, and other penalties that are later determined to be due. PacSun reserves the right to collect applicable taxes or other fees from you at any time.

  8. POINTS:

    1. General: PacSun may offer you the opportunity to obtain Points and redeem those Points for use on the Site through PacSun's online redemption center (the "Rewards Center"). Points are provided to you without charge on a promotional basis. PacSun may restrict your acquisition, use, and redemption of Points by limiting: the number of Points you may have credited to your account balance at one time, the number of Points you may redeem within a given period (for example, one day), the number of Points you may obtain in a single event, and other features and uses determined by us in our sole discretion. Points may be redeemed solely by PacSun on the Site through the Rewards Center, cannot be transferred to any other user or third party and cannot be redeemed for cash. We may restrict your ability to obtain or redeem your Points based on your place of residence. We reserve the right to change the way you may acquire Points or to discontinue the Points program at any time.

    2. Redeeming Points: Points are redeemable by you for certain Goods. PacSun reserves the right to expire Points ninety (90) days after the date they are provided, except if otherwise required by law.

    3. Voluntary Account Deactivation: If you voluntarily deactivate your account with PacSun and have a remaining balance of Points, we may hold them pending your reactivation, subject to the expiration and transfer terms specified in these Terms.

    4. Suspended Accounts: If you violate these Terms, or any terms on the applicable Site, we may suspend or cancel your access to your Points account balance. We also may suspend, cancel, or otherwise limit your access to your Points if we suspect fraudulent, abusive or unlawful activity associated with your account. When we suspend, cancel, or otherwise limit access to your Points account balance, your right to use your Points account balance will cease.

    5. Posting Errors: If we post Points to your account for an activity that is subsequently voided or canceled, then we will remove those Points from your account. You must ensure that we properly post your Points to your Points account. If you believe that you have validly acquired Points that we have not posted to your Points account, you must contact us within ninety (90) days after the date you claim to have acquired those Points. We may require reasonable documentation to support your claim.

    6. Value: Points have no "real-world" or cash value.

  9. LICENSE OF VIRTUAL GOODS: In PacSun's sole discretion, we may offer you the opportunity to redeem Points for access to or otherwise acquire certain virtual Goods through the Rewards Center accessible on the Site. As part of this service and subject to these Terms, we grant you a limited, personal, revocable, non-transferable license to use the virtual Goods through the applicable Site.

    1. Ownership: Even though we use words such as "acquire," "redeem," and "order" in these Terms and on the Site, you do not own any virtual Goods which are provided by PacSun.

    2. Use: You may use virtual Goods for personal, non-commercial purposes only. We will use commercially reasonable efforts to make virtual Goods you select available for use within a reasonable period after you redeem your Points.

    3. Violation of Terms: If you violate these Terms, including any terms on the applicable Site, or if you deactivate your account on the Site, PacSun's offering of virtual Goods and your license to use virtual Goods may be cancelled, and you will not have any right to compensation.

    4. Modifications: The existence of a particular virtual Good available for redemption with Points is not a commitment by us to maintain or continue to make that virtual Good available in the future. We may revise, discontinue, or modify virtual Goods at any time without providing you with prior notice. We will have no liability of any kind if a virtual Good that you order is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when a virtual Good is unavailable or to cancel your acquisition and refund your account balance with the amount of Points you paid for the virtual Good.

    5. Redemption: When you redeem Points for virtual Goods, we will send the virtual Goods to you. Our obligation ends when delivery is complete. The length of time you may have access to virtual Goods will be determined by us in our sole discretion.

    6. Content: Any message or other content that you may include with virtual Goods must comply with all terms and conditions regarding content as set forth in the Terms of Use and any terms on the applicable Site. All proprietary rights provided in the Terms of Use or any terms on the applicable Site apply to the images and other content included as part of virtual Goods.

    7. Reuse: Without limiting any of the foregoing, you may NOT reproduce, distribute, transfer, modify, or otherwise use virtual Goods in any manner other than as authorized in writing by PacSun.

    8. Value: Virtual Goods have no "real-world" or cash value.

  10. ORDER AND DELIVERY OF TANGIBLE GOODS: In PacSun's sole discretion, we may offer you the opportunity to redeem Points to acquire certain tangible Goods through the Rewards Center accessible on the Site.

    1. Shipment: In most cases, tangible Goods 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 Goods to an address that is not in the United States, Puerto Rico or an APO/FPO address. PacSun does not guarantee that any tangible Goods will arrive within a certain period or 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 Goods have been shipped. PacSun reserves the right to charge you for reasonable shipping and handling costs.

    2. Modifications: Tangible Goods are available in only limited quantities and provided to you on a promotional basis and without commitment to maintain or continue to make those tangible Goods available in the future. PacSun or its Partners may revise, discontinue, or modify tangible Goods offered through the Site at any time without providing you with prior notice. We will have no liability of any kind if tangible Goods become unavailable after you order them and reserve the right to refund your account balance with the amount of Points you redeemed for any unavailable tangible Goods.

    3. Warranties: PacSun does not warrant that product descriptions, photographs, pricing, or other content regarding tangible Goods displayed on the Site are accurate, complete, reliable, current, or error-free. All weights and size dimensions are approximate.

    4. Exchanges: All orders of tangible Goods are final. Except at our sole discretion, PacSun will not exchange any tangible Goods or refund your account with Points after you place an order for tangible Goods, even if the tangible Goods provided to you are defective, different from what you ordered, or otherwise unacceptable.

    5. Cancellation: We reserve the right to cancel any order of tangible Goods at any time at our sole discretion. If you choose to redeem Points for tangible Goods, you must provide us with valid address in the United States, Puerto Rico, or APO/FPO address where such tangible Goods may be shipped. In certain circumstances, you also may be required to provide us with your payment information to pay for any applicable shipping and handling costs.

  11. THIRD-PARTY SITES: PacSun may permit you to access the Site from and to link from the Site to other websites on the Internet. These other websites are not under PacSun's control, and you acknowledge and agree that PacSun is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by PacSun or any association with its operators. Additional or different terms and conditions may apply if you access or use such other websites.

  12. ERRORS: Although we try to be as accurate as possible and eliminate errors associated with the Site, we do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error (whether on the Site, in an order confirmation, in processing an order, delivering Points or Goods, or otherwise), we reserve the right to correct such error. This correction may entail revising your order as necessary (including charging the correct price) or cancelling the order and providing you with a merchandise or service credit (including issuing, at our option, Points as described above), with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service Points. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, contact us. You release us from all liability and claims of loss resulting from any error that you do not report to us within sixty (60) days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.

  13. LIMITATION OF LIABILITY: IN NO EVENT WILL PACSUN BE LIABLE:

    1. TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF YOUR ACQUISITION OR USE OF, OR INABILITY TO ACQUIRE OR USE, ANY POINTS OR GOODS, EVEN IF PACSUN OR THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR

    2. TO ANY PERSON OTHER THAN YOU NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF $100 OR THE AMOUNT PAID (IF ANY) BY YOU TO PACSUN FOR THE POINTS OR GOODS. PACSUN DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS OR "HACKERS") OF POINTS, GOODS, OR THE SITE.

  14. DISCLAIMER OF WARRANTIES: PACSUN PROVIDES POINTS, GOODS, AND THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PACSUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO POINTS, GOODS, OR THE REWARDS PROGRAM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

    1. 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. PACSUN AND ITS PUBLISHERS DO NOT WARRANT THAT YOUR ACQUISITION OR USE OF POINTS OR GOODS OR YOUR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. PACSUN DOES NOT WARRANT THAT THE REWARDS PROGRAM; THIS SITE; POINTS, GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM PACSUN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PACSUN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

    2. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

  15. INDEMNITY: You agree to indemnify and hold PacSun, including its Partners, subsidiaries, and affiliates, and each of their and our directors, officers, managers, agents, contractors, partners, and employees, harmless from any loss, liability, claim, damages, costs, expenses or demand (including reasonable attorney's fees) arising out of or in connection with (i) your acquisition or use of any Points, Goods, or other products or services made available through the Site; (ii) any termination or suspension of your account or right to use Points or virtual Goods; or (iii) any violation of these Terms, or any terms on the applicable Site, any law, or third party rights.

  16. DISPUTES: A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  17. CHOICE OF LAW AND JURISDICTION: These Terms shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. Though disputes arising out of or relating to these Terms are subject to arbitration as specified below, to the extent that you file any action at law or in equity arising out of or relating to these Terms, it shall be filed only in the state and federal courts located in Orange County, California. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Terms. You further agree not to raise any forum non conveniens challenge to a suit, action or proceeding brought in Orange County, California.

  18. ARBITRATION: Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that you will seek relief only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or PacSun may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California necessary to protect the rights or property of you or PacSun pending the completion of arbitration.

  19. INTEGRATION, SEVERABILITY & WAIVER: These Terms constitute the entire agreement between you and PacSun regarding Points and Goods, and supersede all prior and contemporaneous agreements. If any provision of these Terms is held invalid, unlawful, void, or unenforceable, then that provision will be severed from these Terms and the remaining provisions will continue in full effect. The failure of PacSun to exercise or enforce any right or provision in these Terms shall not operate as a waiver. In the event of any conflict between these Terms, or any terms on the applicable Site, these Terms will control.