Terms of service

IMPORTANT: THESE TERMS OF USE INCLUDE AN AGREEMENT TO RESOLVE DISPUTES WITHOUT RESORT TO CLASS ACTION LITIGATION, OTHER REPRESENTATIVE ACTIONS, OR A JURY TRIAL, AS STATED IN THE “RESOLUTION OF DISPUTES” PROVISION. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PACSUN THAT CONDITIONS YOUR USE OF THE SERVICES. BY USING, PARTICIPATING IN, OR ACCESSING PACSUN SERVICES (AS DEFINED BELOW), YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SERVICES. 

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 https://www.a-r-c.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: 

ADDITIONAL PROHIBITED USES 

You further agree not to: 

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. 

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 . 

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 legal@pacificsunwear.com. 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.