Terms of Use

Welcome to PacificaBeauty.com, where the services and content available on our site are subject to the following terms and conditions. By accessing or using PacificaBeauty.com, you are acknowledging that you have read, understand, and agree, without qualification or limitation, to be bound by these terms and conditions which include our privacy policy.

Privacy policy

Please review our privacy policy, which also governs your visit to PacificaBeauty.com, so that you may understand our privacy practices.

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.

Cancellation Policy

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.

Intellectual property

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.

Limited license

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

In the use or access of PacificaBeauty.com, you shall comply with these terms and conditions and the special warnings or instructions for access or use posted on PacificaBeauty.com. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to PacificaBeauty.com or any content or services that may appear on PacificaBeauty.com and may not impair in any way the integrity or operation of PacificaBeauty.com. Without limiting the generality of any other provision of these terms and conditions, if you default negligently or willfully in any of the obligations set forth in these terms and conditions (including our privacy policy), you shall be liable for all the losses and damages that this may cause to PacificaBeauty.com, our affiliates, partners or licensors.

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.

Submissions

Any content submissions to PacificaBeauty.com or our related social media pages, such as on Facebook.com, including but not limited to ideas, any inquiries, feedback, suggestions, ideas or other information you provide us in any form including but not limited text, images, videos, etc (collectively, "submissions") will be treated as non-proprietary and non-confidential. subject to the terms of our privacy policy by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub- licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

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:

Customer Service
Attn: DMCA
3135 NW Industrial St
Portland OR 97210
866-337-7100
customerservice@pacificabeauty.com

Indemnification

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.

Termination

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.

General information

You acknowledge and agree that these terms and conditions, which include our privacy policy, constitute the complete and exclusive agreement between us concerning your use of PacificaBeauty.com, and supersede and govern all prior proposals, agreements, or other communications.

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.