Terms and Conditions

LAST UPDATED: September 22, 2026

WELCOME TO THE PACIFICA BEAUTY WEBSITE (THE “SITE”)

Pacifica Beauty LLC provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy, and any other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). These Terms and Conditions govern your access and use of the Site and any other applications, content, products, and services (collectively, the “Services”) made available by Pacifica Beauty LLC or its representatives, affiliates, officers, and directors (collectively, “Pacifica,” “us,” “we,” or “our”).

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES.

IMPORTANT NOTICE REGARDING ARBITRATION AGREEMENT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING YOU TO RESOLVE ANY DISPUTE BETWEEN YOU AND PACIFICA THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, RATHER THAN IN COURT, AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS, COLLECTIVE, AGGREGATE, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or under the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

PRIVACY

Please review our Privacy Policy for details about our personal information practices.

DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION; CLASS ACTION & JURY TRIAL WAIVER (“ARBITRATION AGREEMENT”)

Mandatory Binding Arbitration of Disputes. You and Pacifica agree that, subject to limited exceptions specified in this Arbitration Agreement or unless you and Pacifica agree otherwise, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms and Conditions or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and Pacifica, on the other hand, or the breach, termination, enforcement, interpretation, or validity of these Terms and Conditions or this Arbitration Agreement (collectively, “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms and Conditions, will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), instead of in a court in any jurisdiction by a judge or jury. You and Pacifica agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms and Conditions are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and Pacifica each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Class Action/Jury Trial Waiver. You and Pacifica agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Pacifica agree in writing or unless otherwise permitted by this Arbitration Agreement, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. If the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing Class Action/Jury Trial Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and Pacifica shall be deemed not to have agreed to arbitrate Disputes. This Arbitration Agreement shall survive any termination of these Terms.

Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending Pacifica a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms and Conditions by mail at Pacifica Beauty LLC, 1090 Eugenia Place, Ste. 200, Carpinteria, CA 93013 or by email at support@pacificabeauty.com. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms and Conditions. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms and Conditions will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Pacifica.

Rules & Procedures. In the event of a Dispute, you and Pacifica each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested (“Notice of Dispute”). You must send any Notice of a Dispute by mail at Pacifica Beauty LLC, 1090 Eugenia Place, Ste. 200, Carpinteria, CA 93013 or by email at support@pacificabeauty.com. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and Pacifica agree to attempt to resolve any Dispute through informal negotiation within 30 days after the Notice of Dispute is received. After the end of that 30-day period and not before, you or Pacifica may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, Pacifica’s and your right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.

If the parties cannot resolve the Dispute informally, you and Pacifica each agree that all Disputes shall be resolved exclusively through individual arbitration, as provided in this Arbitration Agreement. The arbitration will be administered by JAMS under its applicable rules and procedures, including any supplementary rules and fee schedules then in effect (“JAMS Rules”) then in effect, except as modified by these Terms and Conditions. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.

A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. You can contact JAMS for more information on how to commence an arbitration proceeding at www.jamsadr.com or 1-800-352-5267. Any arbitration hearings will take place in Delaware, where Pacifica resides, in the city or county wherein you reside, or at another mutually agreed location (including by telephone or remote means).

It is the intent of the parties that the JAMS Rules and the U.S. Federal Arbitration Act (“FAA”) shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Delaware, without regard to its choice or conflict of law provisions.

Mass Arbitration. In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of JAMS Mass Arbitration Procedures and Guidelines available at https://www.jamsadr.com/mass-arbitration-procedures, as modified by this Arbitration Agreement. JAMS shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if JAMS finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in JAMS Mass Arbitration Procedures Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. Pacifica reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Pacifica shall be deemed not to have agreed to arbitrate Disputes.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Changes to Arbitration Agreement. Notwithstanding anything to the contrary in these Terms and Conditions, if Pacifica changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” above, or by not accessing or using the Site. The written notice must be provided either by mail at Pacifica Beauty LLC, 1090 Eugenia Place, Ste. 200, Carpinteria, CA 93013 or by email at support@pacificabeauty.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Pacifica in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).

PURCHASE RELATED POLICIES AND PROCEDURES

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), please visit Shipping Policy Page and Returns / Exchanges Page.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site. However, we do not warrant that the product descriptions, sizes, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. Therefore, Pacifica reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order, including as a result of incorrect pricing or availability. Full refunds will be provided for any cancelled orders. We apologize for any inconvenience.

INTELLECTUAL PROPERTY

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited license in Section 6, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

LIMITED LICENSE

We grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for personal, non-commercial purposes only. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license, modify, or download the Site or any Content (except caching or as necessary to view the Site); (c) make any use of the Site or any Content, other than for personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any Content; or (g) 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. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

Any unauthorized use by you of the Site or any Content automatically terminates the limited license set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

YOUR ACCOUNT

In order to use certain Services, you must register for an account (“Account”). When registering for an Account, you must provide true, accurate, and complete information. You represent and warrant that any information you provide in connection with your Account is true, accurate and complete, and that you will maintain and promptly update such information so that it is current, true, accurate, and complete at all times. You are responsible for: (a) keeping your Account confidential and secured; and (b) all activities that occur through your Account, whether or not you have authorized them. You may not sell, transfer or allow others to access or use your Account. You will immediately notify us if you are aware of any unauthorized access to, or use of, your Account or any other breach of security. We will not be responsible for any loss or damage arising from your failure to comply with these Terms and Conditions or from any activities that occur through your Account. We reserve the right in our sole and absolute discretion to suspend or terminate your Account and restrict your access to the Services if you do not comply with these Terms and Conditions. In the event your account is terminated for any reason, we shall be permitted to delete your Account and any and all information associated therewith.

PRODUCTS AND SERVICES FOR PERSONAL USE

The products available on the Site, and any samples we may provide to you, are for your personal and/or professional use only. You may not sell or resell any of the products, or any samples, that you purchase or otherwise receive from us or otherwise use the Services for any commercial purposes. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms and Conditions.

All orders with large dollar value and/or a high count of unit items will be subject to review. In some cases these orders will be denied approval for distribution if discerned ineligible. As always, full refunds will be provided for any cancelled orders.

USER CONTENT

You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“User Content”) that you upload, post, publish or display (collectively, “Upload”), whether publicly or privately transmitted, by email or otherwise via the Services. User Content also includes content provided by you through third party services such as your social media account (e.g., Facebook, Instagram, Twitter, etc.) if such content mentions, tags or otherwise interacts with Pacifica or the Services. You represent and warrant that you own or otherwise control all rights, title and interest in and to such User Content, including all copyright and rights of publicity contained therein. You further represent and warrant that your User Content 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 User Content.

Any User Content submitted to the Site or our related social media pages will be treated as non-proprietary and non-confidential. By Uploading any Content, you hereby grant and will grant Pacifica a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, adapt, modify, assign, translate, create derivative works from, and otherwise use your User Content in connection with the operation of the Services and the promotion, development, manufacturing, distribution, advertising or marketing thereof, in any form, medium or technology now known or later developed, alone or as part of other works. You also acknowledge that your User Content may not be returned. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any User Content.

USER CONDUCT

You agree not to use the Services to:

• email or otherwise Upload any Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Pacifica is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Pacifica or its users to any harm or liability of any type;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending User Content from the Services, suspending or terminating access rights or the account of such violators and reporting you to the law enforcement authorities.

The Services are for your personal use. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

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.

THIRD PARTY LINKS

The Services may contain links to third-party websites or resources, which are provided only as a convenience and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. We do not investigate, monitor, or review any third-party websites or resources to ensure their accuracy, completeness, or appropriateness. Pacifica makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website or resource, including, without limitation, their privacy policies and terms and conditions. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

SMS / TEXT MESSAGING TERMS

These SMS / Text Messaging Terms (“SMS Terms”), in addition to our broader Terms and Conditions, apply to our use of SMS or “text” messaging services.

Pacifica Beauty operates an SMS or text program (the “SMS Program”) which, with consumer consent, sends via SMS or text, marketing and promotional alerts in addition to notifications regarding customer orders, shipping, and delivery status. These messages are sent from the number 38617 and message frequency may vary. Only United States mobile numbers are eligible to participate and enrollment is limited to individuals who are at least 18 years of age.

To participate in the SMS Program, you must opt in by providing your consent. By consenting, you:

• Agree to these Terms and Conditions and our Privacy Policy;
• Authorize Pacifica Beauty to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in);
• Acknowledge that you do not have to agree to receive messages as a condition of purchase;
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in; and
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call 844-332-8440 or email support@pacificabeauty.com. To view and retain a paper copy of these SMS Terms, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device.

When you provide us with your consent, the mobile information and consent will not be shared with any third parties or affiliates for marketing or promotional purposes.

Charges and Carriers. Your carrier’s message and data rates may apply to messages received through the SMS Program. Pacifica Beauty and the mobile carriers are not liable or responsible for any undue delays, failure of delivery, or errors in messages.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Program may not be available on all wireless carriers. Pacifica Beauty may add or remove any wireless carrier from its SMS Program at any time without notice.

To Stop Receiving Messages. To stop receiving SMS or text messages from Pacifica Beauty, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 38617 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Pacifica Beauty. You can also contact us at 844-332-8440 or support@pacificabeauty.com.

Questions. You can text HELP for help at any time to 38617. You can also contact us using our customer service toll-free number at 844-332-8440 and through our email address at support@pacificabeauty.com.

FEEDBACK

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). Feedback is nonconfidential and shall become the sole property of Pacifica. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby irrevocably assign to us all of your right, title and interest in and to all Feedback, including intellectual property rights.

COPYRIGHT INFRINGEMENT NOTICES

We respect intellectual property rights, including copyrights. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The use of any material or content is prohibited if you do not own the related intellectual property rights or own the necessary licenses.

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please send a notice to our copyright agent (identified below) that provides us with the following information requesting that such materials be removed or access to it blocked: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or if multiple copyrighted works incorporated in the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information or a description reasonably sufficient to allow Pacifica to locate on the Services the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the use of the work in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the exclusive copyright owner or authorized to act on the exclusive copyright owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pacifica a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Such notices and counter-notices should be sent to:

Copyright Agent, Pacifica Beauty LLC
1090 Eugenia Place, Ste. 200, Carpinteria, CA 93013
844-332-8440
Email: infringement@pacificabeauty.com

Pacifica Beauty LLC
1090 Eugenia Place, Ste. 200, Carpinteria, CA 93013

Among other things, Pacifica reserves the right to terminate the Account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section. Contact information for notice of claims of copyright infringement is as follows: infringement@pacificabeauty.com.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SERVICES, OR ANY PRODUCT MADE AVAILABLE ON OR THROUGH THE SERVICES.

THE SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICES. We do not warrant that the Services will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the Services. We make no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.

YOU AGREE THAT NEITHER WE NOR OUR PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, NEITHER WE NOR OUR PARTNERS OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SERVICES OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PACIFICA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provisions concerning the exclusion or limitation of certain damages in these Terms and Conditions are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

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 arising from: (a) your use of the Services in violation of any law, rule, regulation or these Terms and Conditions; or (b) any part of your User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

GOVERNING LAW & FORUM CHOICE

Your use of the Services shall be governed in all respects by the laws of the State of Delaware without regard to its choice of law provisions, including as if these Terms and Conditions were a contract wholly entered into and wholly performed within Delaware. For any Dispute not subject to Section 2, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Services shall be in the state or federal courts located in New Castle County, Delaware.

UPDATES TO THESE TERMS AND CONDITIONS

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. We may provide notice to you of any material changes to the Terms and Conditions. Except as provided in Section 2, your continued use of the Site thereafter constitutes your agreement to all such changed 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 the Site.

SEVERABILITY

Except as provided in Section 2, if any provision or portion thereof in these Terms and Conditions is invalid or unenforceable or contrary to applicable law, such provision or portion thereof shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions and portions thereof of these Terms and Conditions shall remain in effect.

NO AGENCY; NO WAIVER

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 right to require such performance at any time, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at support@pacificabeauty.com or 1090 Eugenia Place, Ste. 200, Carpinteria, CA 93013.