Terms of Use

ACCEPTANCE OF THE TERMS OF USE

Welcome and thank you for using the services offered by Pacific Sunwear of California, LLC, and its affiliates ("PacSun"). The following Terms of Use govern all websites (including but not limited to  http://www.pacsun.com and all pages within it) ("the Site"), mobile sites, and applications (including but not limited to the PacSun mobile app ("the App") owned or operated by PacSun, including any of our content, programs, services, features, activities, and products) (collectively, the "Services"). The Services include, but are not limited to, our PacSun Rewards program (”PacSun Rewards"), and our digital gift card program ("eGift Card Program").

PRIVACY POLICY

Your privacy is important to us. We encourage you to read our  Privacy Policy to understand our privacy practices, so that you understand the actions we take with respect to your personal information and may make an informed decision about using the Services. Please note that our Privacy Policy is intended to govern any and all matters related to the collection and processing of your personal information (as defined under the Privacy Policy) by PacSun, whereas these Terms of Use apply to all aspects of your relationship with PacSun that do not fall within the scope of our Privacy Policy. You represent and warrant that all data that you provide to PacSun is accurate.

CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use at any time at our sole discretion by posting revisions to the Site and/or the App. Such revisions will be effective immediately upon posting them to the Site and/or the App. You should review these Terms of Use each time you use the Services, so that you understand your rights, remedies, and obligations. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES

The Services are not directed to persons under age 13 in the United States, or the equivalent age in other jurisdictions (such as 16 in the European Union). Users must be at least this age to access, use, or register for the Services. For more information regarding the collection and processing of personal information for users under this age, please visit our Privacy Policy.

If you are at least this age but under 18 years of age, you may only access, use, or register for the Services, including PacSun Rewards, 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. We do not ship orders to freight forwarders.

COMMUNICATIONS

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, and subject to the provisions of our Privacy Policy, 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.

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 as permitted under applicable laws. We retain rights to all comments, feedback, suggestions and submissions to us using the Services. However, PacSun’s use and retention of such information may be limited by applicable laws, including the laws of the European Union and California as described in our Privacy Policy.

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, 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.

SERVICE CONTENT AND PURCHASES

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: (i) refuse Services to anyone and cancel any order prior to shipment, and (ii) 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.

DISCLAIMER OF WARRANTIES

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 (INCLUDING PRIZES AVAILABLE THROUGH PACSUN 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 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.

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, 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.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any manner that violates any applicable federal, state, local and international law or regulation;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
• 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 the Services;
• In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm PacSun or users of the Services, or may expose PacSun or users of the Services to liability.

ADDITIONAL PROHIBITED USES

You further agree not to:

• Use any robot, spider or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the material on the Services;
• Use any manual process to monitor or copy any of the Content on the Services for any unauthorized purpose without PacSun's prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Services;
• 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 the Services, the server on which any part of the Services is stored, or any server, computer, or database connected to the Services;
• Attack the Services via a denial-of-service attack or a distributed denial-of- service attack; or
• Otherwise attempt to interfere with the proper working of the Services.

Use of any robot, spider or other automatic device, process, or means to make purchases are subject to cancellation by PacSun and you will be liable for purchases and fees incurred by PacSun for any order that is improperly rejected.

PACSUN REWARDS

The PacSun Rewards program is a free customer loyalty program, which allows participants (“Members”) to earn points ("Member Points") by making qualified purchases from PacSun stores, our Website, or the PacSun mobile app. Members with at least 125 Points will receive merchandise credit to use on qualifying future purchases as discussed below (“Rewards”). The acquisition and use of Member Points and Rewards is governed by these Terms of Use. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR OR PARTICIPATING IN PACSUN REWARDS—INCLUDING BY MAKING PURCHASES IN CONNECTION WITH THE PROGRAM OR REDEEMING REWARDS—YOU AGREE TO THESE TERMS OF USE.

We may, in our sole discretion, cancel, change, suspend or modify any aspect of PacSun Rewards (including the availability of Rewards) and/or all or any portion of these Terms of Use at any time, without notice to you. Additionally, PacSun may offer different promotions, rewards, and/or benefits at different times and locations in conjunction with the program. We reserve the right to refuse or cancel your acquisition of Member Points or Rewards at any time at our sole discretion. Your participation in PacSun Rewards, including your redemption of Rewards, is considered acceptance of these Terms of Use (including any subsequent changes or modifications), so it is important that you check these terms periodically. IF YOU DO NOT AGREE TO THE CURRENT TERMS OF USE, YOU MUST STOP PARTICIPATING IN PACSUN REWARDS.

In addition, this section of these Terms of Use complements and incorporates by reference the other portions of the Terms of Use, in addition to PacSun’s Privacy Policy. The terms of this section shall apply in the event of any conflicts.

Eligibility and Enrollment. PacSun Rewards is offered only to legal residents of the 50 United States, the District of Columbia and Puerto Rico. You must be (13) years of age or older to join. If you are between 13 and 18 years, you may only join if you have obtained permission from your parent or legal guardian.

You may enroll in-stores, online, or through the PacSun mobile app:

• In a PacSun store :To enroll in PacSun Rewards in a PacSun store, you must provide your first name, last name, unique email address not already registered, and phone number.
• Online at pacsun.com : To enroll in PacSun Rewards online, you must provide your first name, last name, unique email address not already registered, account password, who you are shopping for, birthdate, and zip code.
• Via the PacSun mobile app : To enroll in PacSun Rewards via the PacSun mobile app, you must provide your first name, last name, unique email address not already registered, and account password.

If you choose to provide such information to PacSun in a PacSun Store, online at pacsun.com, and/or via the PacSun mobile app, you do so voluntarily, as you can instead decide not to enroll in PacSun Rewards.

Members are eligible to receive 25 Points for completing their profiles on pacsun.com, which requires setting a password and adding additional information to their account, which may include who they are shopping for, birthdate, zip code, and physical address, to the extent such information was not already submitted during the sign-up process.

Individual Use; No Transfer. Member Points and Rewards are personal to you, and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You cannot combine your benefits with the benefits accrued by any other person. Member Points and Rewards may not be earned or redeemed by bulk commercial buyers.

Registration and Account Access. Each account must be associated with an email address, and each email address may only be associated with a single account. You agree to provide true, accurate and current contact information, and we are not responsible for your inability to receive or redeem benefits or other loss if you fail to do so. You are responsible for all activities that occur under your account. You are also responsible for maintaining the security of your account and password and making sure that no one besides you has access.

Tier Levels.

PacSun Rewards offers five tiers of membership. The more items a Member buys in the last 365 day period, the higher the Member’s tier level will become. Specifically:

• Level 1/ Member - Enrolled, 0-1 purchases
• Level 2/ Insider - 2 purchases
• Level 3/ Icon - 3 purchases
• Level 4/ Elite - 4 purchases
• Level 5/ Meta - 5+ purchases

Tier levels are good for 365 day period and subject to change without notice.

After reaching a given tier-level, Member will enjoy membership at that level for a 365 day period, unless the Member makes additional purchases in that 365 day period, in which case the Member’s Level will increase and the Member will enjoy the new Level for 365 days thereafter. After 365 days [at a given Level], the Member’s tier level will be adjusted based on the number of qualifying purchases made during the preceding 365 day period.

Where a Member returns a purchase, the Member’s Level will be adjusted accordingly, as discussed below.

Earning Points. Members receive Points on qualifying purchases made in PacSun store locations, online and through the mobile app. Points are calculated based on purchase price for merchandise minus coupons, and discounts, and before taxes, shipping costs, or other fees are applied.

The following restrictions apply for earning Points:

• Points will not be awarded for purchases made prior to enrollment in PacSun Rewards.
• Points will not be earned for purchasing the following items (“Rewards Exclusions”): tax, shipping, gift wrap, gift cards. This list may change without notice.

Points will be reflected on your account within 24 hours of eligible purchases.

We may restrict your acquisition, use, and redemption of Points in any manner, at our sole discretion subject to applicable laws. We reserve the right to change the way you may acquire Points or to discontinue PacSun Rewards at any time subject to applicable laws. We reserve the right to expire Points after three hundred sixty-five (365) days of inactivity, except if otherwise required by law. We may restrict your ability to obtain or redeem your Member Points based on your place of residence.

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.

Earning Rewards. Once you accumulate 125 Member Points, those points will automatically be converted into a $5 Reward, and the balance of your Member Points will decrease by 125 points as a result.

Rewards Redemption. You can redeem Rewards during the check-out process in-store by providing the sales associate with your account number or the email address associated with your account, or online or on the PacSun mobile app by logging into your account. Rewards must be applied towards merchandise in increments of $5, and your order must total $9.99 or more (including shipping) when using a Reward at checkout. In some cases, Rewards may exceed the cost of the purchase. If you choose to apply your Rewards to such purchases, you will forfeit the unused portion of the Rewards. Rewards will be applied to your purchase after any discounts and before tax. Additional restrictions may also apply. PacSun employees cannot combine Rewards with their employee merchandise discount.

UNUSED REWARDS EXPIRE AFTER 45 DAYS FROM THE DATE OF ISSUANCE unless otherwise noted. Anniversary Rewards, for example, expire after 31 days. Rewards may not be used toward the purchase of Rewards Exclusions. They may not be used in the same purchase in which they were earned. Rewards cannot be redeemed for cash or a cash equivalent, applied to past purchases (even if made on the same day), or used for purchasing gift cards. Unless and until you redeem your Rewards according to these Terms of Use by applying PacSun Rewards to a transaction at a Location or online through the Services, you do not have any right, title, or interest in your Rewards. We may restrict your acquisition, use, and redemption of Rewards in any manner, at our sole discretion subject to applicable laws. Please see our FAQs for additional details. Additional local exclusions may apply.

Returns and Cancellations. Returns are subject to PacSun's Return/Exchange policies.

To the extent a purchase resulted in a change to a Member’s Level, the Level will revert back to the previous Level if that purchase is returned. For example, if a Level 3 Member returns his or her third purchase, they will be converted to a Level 2 Member until they make additional qualifying purchases.

If you void or return a purchase for which you received Points, those Points will be deducted from your account at the time of return. If the Points have already converted into a Reward before the item is returned, we reserve the right to remove the Reward from your account, and revert any balance in Points to the account after subtracting points earned from the returned merchandise.

If you return merchandise purchased with Rewards, the dollar value of the Rewards allocated to the item(s) returned will not be refunded or credited. If we void a purchase that was made using Rewards, the Rewards will be reinstated to your account.

No Cash Value. Member Points and Rewards have no "real-world" or cash value. They are purely promotional.

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 Rewards. 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.

Voluntary Account Deactivation. If you voluntarily deactivate your account and have a remaining balance of Member Points, those Member Points will be expired.

Suspended Accounts. If you violate these Terms of Use, we may suspend or cancel your access to and ability to earn or use your Member Points or Rewards. We also may suspend or cancel your access to and ability to use your Member Points and Rewards if we suspect fraudulent, abusive or unlawful activity associated with your account.

Digital Punch Card. Members who place four (4) separate select graphic tee purchase transactions shall qualify for one (1) free tee valid on select styles up to $25.00 in value while supplies last. Exclusions apply and we may modify our Digital Punch Card (including quantity, pricing and products offered) at any time without notice.

REFER A FRIEND

As a Refer-a-Friend member (a “Referrer”), you are subject to PacSun’s Terms of Use and PacSun’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for PacSun’s Refer-a-Friend program:

Referrer. Anyone can refer a Friend. You do not need to be a current customer to refer.

Friend (“Referred Customer”). Friends must be new online customers, where by the first online purchase is on http://www.pacsun.com. Friends must use the referral code for their first purchase for it to count as a qualified referral. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).

Qualified Referral. A Qualified Referral is defined as a purchase made online at http://www.pacsun.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. The Referrer is limited to one Qualified Referral for each Referred Customer; in other words, additional or repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Referral Offer. As a Referrer, you can earn 15% off your online order.

Referred Customer Offer: As a Referred Customer, you can earn 15% off your first online order, and you cannot be defined as a returning online customer. A returning customer is one who has already made a purchase prior online at http://www.pacsun.com.

Eligibility. Eligibility is limited to individuals only. PacSun’s Refer-a-Friend program cannot be used by businesses for affiliate lead generation as determined in PacSun’s sole discretion.

No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from PacSun’s Refer-a-Friend program.

Right to Close Accounts. PacSun reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the PacSun’s Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Refer-a-Friend Codes:

• The Referrer can send a one-time, 15% off discount code to as many Friends as they like. This code is valid for first time purchasers, only on our website, http://www.pacsun.com.
• When the Friend(s) make(s) a purchase, the reward email is sent to the initial referrer within 48 hours after the Friend’s purchase with a one-time code that can be applied by the Referrer towards an online purchase.
• Expiration: Codes are valid within 30 days of receipt.
• Exclusions: Valid on select styles.
• Offer is subject to change.
• Refer a Friend purchases and redemptions are only valid in locations where PacSun currently ships.

MESSAGING

The below information applies to individuals who have opted into receiving autodialer recurring advertising and telemarketing text messages to their mobile device, otherwise referred to as “Messaging” As part of Messaging, participants will receive text messages to their mobile device on a recurring basis. There is no purchase necessary to participate in the Messaging. To opt-out of receiving text messages to your mobile device at any time, you can text STOP to the short code 57840. You will receive a text message confirmation of your opt-out, and will no longer receive any PacSun text messages to your mobile number unless you opt back in.
Message and data rates may apply, including to your entry submission, our confirmation, and any subsequent text messages. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. Carriers are not liable for delayed or undelivered messages. All associated charges are billed by and payable to your mobile service provider.
Data obtained from you in connection with the Messaging may include your cell phone number, your carrier's name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. We will only use information you give us to provide requested mobile messaging. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.
The Messaging is available in the United States only.

E-Sign Act Information

The below information applies to individuals who have consented to the use of an e-signature to provide PacSun with permission to send autodialer recurring advertising and telemarketing text messages to their mobile device. At your request and at any time, by contacting us at https://support.attentivemobile.com/help/, PacSun will provide or make available at no cost, a record of your consent and the terms of your consent, in addition to the Messaging terms and conditions, Website Terms of Use, and Privacy Policy on paper or in non-electronic form. You may withdraw, at any time without any conditions, consequences, or fees, your consent to the use of an e-signature to provide PacSun with permission to send autodialer recurring advertising and telemarketing text messages to your mobile device. To withdraw your consent and opt-out, you can text STOP to the short code 57840. You will receive a text message confirmation of your opt-out, and will no longer receive any PacSun text messages to your mobile number unless you opt back in. Your consent to the use of an e-signature applies only to PacSun’s permission to send autodialer recurring advertising and telemarketing text messages to your mobile device. To update information needed to contact you electronically please s at www.pacsun.com/contact .

EGIFT CARD PROGRAM

PacSun's offers digital gift card services (the "eGift Card Program") to our customers, operated through a third party vendor. While these Terms of Use remain applicable to the eGift Card Program, the eGift Card Program is also subject to additional terms of use, which you should review and must agree to before participating in the eGift Card Program. The additional terms of use for the eGift Card Program will be made available to you for your review and your indication of assent prior to purchase of any eGift Card. You can also view the eGift Card Program terms of use by clicking on this link .

INTERNATIONAL USE

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.

THIRD PARTY CONTENT OR SERVICES

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. PacSun does not assume any responsibility or liability for the actions, products, services, or content of third parties. When leaving the Services, you should be aware that these Terms of Use no longer govern. You should carefully review the terms of use, privacy policy, and all other relevant user agreements for the third party content or services.

RESOLUTION OF DISPUTES: WAIVER OF CLASS ACTIONS AND REPRESENTATIVE ACTIONS OR MASS ARBITRATIONS

“Dispute”, as used in these Terms of Use, means any controversy or claim arising out of or related to these Terms of Use, the subject matter of these Terms of Use, your use of the website, or your use of the Services, past, present or future.

PacSun seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Dispute, you agree to first send a detailed notice (“Notice”) to PacSun by email at [email protected]. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone number; (4) your email address; (5) information sufficient for PacSun to identify any transaction, interaction, and/or product at issue (e.g., your order number, order confirmation communication, SKU number, date, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

Likewise, PacSun agrees that if PacSun has a Dispute with you, Pacsun will first send a detailed Notice to your e-mail address on file. PacSun’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of the Dispute, the nature and basis of claim(s), and the nature and basis of the relief PacSun is seeking with a calculation for it.

You and PacSun agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve the Dispute without the need for a formal proceeding. Should PacSun request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any lawsuit. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Dispute without first providing a Notice or otherwise participating in good faith in this informal dispute resolution process.

You and PacSun agree that any Dispute is personal to us, and that any such Dispute shall only be resolved by an individual action and shall not be brought as a class action, mass arbitration, or any other representative proceeding. Neither you nor PacSun shall be entitled to join or consolidate claims by or against other users/consumers or bring or participate in, as a representative or member of a class or in a private attorney general capacity, any lawsuit or other dispute resolution procedure. You and PacSun expressly waive your rights to file or participate in a class action or seek relief on a class basis. Additionally, you and PacSun voluntarily and knowingly waive any rights you have to a jury trial.

This “Resolution of Disputes” provision shall survive any termination of these Terms of Use.

CHOICE OF LAW

With the exception that the enforceability of the “Resolution of Disputes” provision above is governed both procedurally and substantively by the FAA, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and PacSun.

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 attorneys' fees) arising out of or in connection with the Terms of Use, the Privacy Policy, or the Services. Your obligation to indemnify includes, but is not limited to, disputes, claims, or lawsuits arising out of or in connection with: (i) your acquisition or use of Member Points, Prizes, or other products or services made available through the Services; (ii) any termination or suspension of your right to use your Member Points or virtual Prizes; (iii) your access to or use of the Services; or (iv) any violation of these Terms of Use.

WAIVER AND SEVERABILITY

No waiver of these Terms of Use by PacSun shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of PacSun to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use, together with any other agreements incorporated by reference therein, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings, whether electronic, oral, or written, between you and PacSun with respect to the Services.

GENERAL TERMS

PacSun's performance of these Terms of Use is subject to existing laws and legal process and nothing contained in this agreement is in derogation of PacSun's right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by PacSun with respect to such use.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

CONTACTING US

If you have any questions about these Terms of Use, please use the contact information at  www.pacsun.com/contact to contact us. Although PacSun will in most circumstances be able to receive your e-mail or other information provided through the Services (including but not limited to account registrations, orders, and other submissions), PacSun does not guarantee that it will receive all such information timely and accurately, and is shall not be obligated to read, act on, or respond to any such e-mail or other information.