Disclaimer of warranties
The PacificaBeauty.com website is provided on an "as is" basis without warranty of any kind, express or implied. You expressly agree that the use of the website is at your sole risk. We do not warrant that the website will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the website. We make no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
Accuracy of information
We attempt to be as accurate as possible when describing our products on PacificaBeauty.com; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, sizes, prices or other content available on PacificaBeauty.com are accurate, complete, reliable, current, or error-free.
We reserve the right to cancel any order at any time. Full refunds will be provided for any cancelled orders.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
All content available on PacificaBeauty.com, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "content") is the property of PacificaBeauty.com, our affiliates, partners, or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on PacificaBeauty.com (collectively, the "trademarks") are the registered and unregistered marks of PacificaBeauty.com, our affiliates, partners or licensors, in the united states and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses section below, or as required under applicable law, neither the content or trademarks nor any portion of PacificaBeauty.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of PacificaBeauty.com. this limited license does not include the right to: (i) frame or utilize framing techniques to enclose PacificaBeauty.com or any portion thereof; (ii) modify or download PacificaBeauty.com or content (except caching or as necessary to view PacificaBeauty.com); (iii) make any use of PacificaBeauty.com or content other than personal use; (iv) create any derivative work based upon either PacificaBeauty.com or content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Your obligations & responsibilities
Third party links
We are not responsible for the content of any off-web site pages or any other web sites linked to or from PacificaBeauty.com. Links appearing on PacificaBeauty.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-web site pages or other web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from PacificaBeauty.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.
If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." you may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
Intellectual Property Infringement Claims
It is our policy to respond to claims of intellectual property infringement. Pacifica will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Pacifica will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to:
3135 NW Industrial St
Portland OR 97210
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of PacificaBeauty.com. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots
Limitation of liability
Under no circumstances shall we be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the website and terminate this agreement. These limited remedies shall apply notwithstanding any failure of their essential purpose.
You may terminate this agreement by providing written notice to us. Upon such termination, you shall cease all use of PacificaBeauty.com and we shall be permitted to delete your account and any and all information associated therewith.
We reserve the right, in our sole discretion, to change these terms and conditions at any time by posting the changes on PacificaBeauty.com. Any changes are effective immediately upon posting to PacificaBeauty.com. Your continued use of PacificaBeauty.com constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of PacificaBeauty.com.
Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these terms and conditions, please contact us at customerservice@PacificaBeauty.com.