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TERMS OF USE OF PACIFICISSUE.COM

Updated June 1, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE.

  1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at PACIFICISSUE.COM (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Pacific Issue LLC (“Pacific Issue,” “We” or “Us”) from time to time in its sole discretion. Pacific Issue will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
  2. PRIVACY POLICY. Pacific Issue respects your privacy and permits you to control the treatment of your personal information. A complete statement of the current privacy policy can be found by clicking here. The privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Pacific Issue on any unauthorized use of your account, user name, or password. Pacific Issue shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Pacific Issue its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

  1. TRANSACTIONS; TERMS OF SALE. Turnaround time is an estimate and not guaranteed. All of our shirts are made to your specifications. Typical turnaround time is 4-5 weeks. By placing an order on the Site, you represent that all information you provide to us is true and accurate and that you are authorized to use the payment method provided.

Pacific Issue reserves the right to refuse or cancel any order you place with us, at any time, without notice to you and without liability to you.

Prices displayed on the Site are quoted in US Dollars. Applicable taxes will be charged on your purchase. Pacific Issue accepts Visa, MasterCard, American Express, Discover, PayPal.

  1. PRODUCT INFORMATION. All prices and products advertised are subject to change. Pacific Issue is not bound by our offer or any prices on the Site and reserves the right to modify or cancel your purchase in the event of any errors on the Site.

The images and colors of the products on the Site are for illustrative purposes only. Pacific Issue cannot guarantee that your computer's display of the colors accurately reflect the colors of the product.

  1. SHIPPING & DELIVERY; RETURNS & REMAKES. Shipping timeframes and delivery dates are estimates only and not guaranteed. Pacific Issue offers free standard shipping and handling anywhere in the 48 contiguous United States. International shipping and shipping to Alaska and Hawaii require a fee. The risk of loss of any product ordered through the Site transfers to you upon tender of the product to the shipping carrier.

Pacific Issue does not offer exchanges, but will reimburse you for alterations on your first shirt or remake your first shirt if certain conditions apply. Please see the Returns & Remakes policy here for further details.

  1. INTELLECTUAL PROPERTY. The Site as a whole, the design of the site, and all materials that are part of the Site, including, but not limited to, text, images, logos, graphics, descriptions, photographs, video, advertisements, written materials, and any other materials that appear on the Site (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of the United States, and all rights, title and interest in and to the Site and Content are owned, controlled, and/or licensed by Pacific Issue. Any use of the Content without the express written consent of Pacific Issue is strictly prohibited. Nothing on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Pacific Issue.
  2. COPYRIGHT INFRINGEMENT. Pacific Issue has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Pacific Issue has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Pacific Issue or of a third party, or otherwise violated any intellectual property laws or regulations. The policy of Pacific Issue is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Pacific Issue to delete, edit, or disable the material in question, you must provide Pacific Issue with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pacific Issue to locate the material; (d) information reasonably sufficient to permit Pacific Issue to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the designated agent at:

PACIFIC ISSUE LLC
Attn: Legal
3007 West Washington Blvd.
Marina del Rey, California 90292

or

issues@pacificissue.com, RE: Copyright Infringement

  1. YOUR USE OF THIS SITE.  You are authorized to use the Site only for personal, non-commercial purposes. Pacific Issue reserves the right to terminate your use of the Service and/or the Site.  By accessing the Site, you agree not to use the Site in any way that is illegal or prohibited by these Terms of Use.
  2. NO WARRANTIES. PACIFIC ISSUE HEREBY DISCLAIMS ALL WARRANTIES. PACIFIC ISSUE IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACIFIC ISSUE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PACIFIC ISSUE DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
  3. LIMITED LIABILITY. PACIFIC ISSUE’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PACIFIC ISSUE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PACIFIC ISSUE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  4. AFFILIATED SITES. Pacific Issue has no control over, and no liability for any third party websites or materials. Pacific Issue works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Pacific Issue nor the Site has control over the content and performance of these partner and affiliate sites, Pacific Issue makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Pacific Issue assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Pacific Issue makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  5. PROHIBITED USES. Pacific Issue imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Pacific Issue in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
  6. INDEMNITY. You agree to indemnify, defend, and hold harmless Pacific Issue, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
  7. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to any conflict of law provisions. Any dispute arising out of or related to the use of the Site or Service shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California.
  8. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All provisions in these Terms of Use relating to intellectual property, indemnification, disclaimer, limitation of liability, and governing law shall survive any termination of these Terms of Use.
  9. CALIFORNIA USE ONLY. The Site is controlled and operated by Pacific Issue from its offices in the State of California. Pacific Issue makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Pacific Issue purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
  10. MODIFICATIONS. Pacific Issue may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Pacific Issue shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
  11. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
  12. COPYRIGHT. All contents of Site or Service are: Copyright © 2014-2015 Pacific Issue, 3007 West Washington Boulevard, Marina del Rey, California 90292 USA. All rights reserved.

WEBSITE PRIVACY POLICY

EFFECTIVE DATE: June 15, 2015

  1. INTRODUCTION. Pacific Issue LLC ("Pacific Issue," "Company," "us," or "we") is committed to respecting the privacy rights of its customers, visitors, and other users of pacificissue.com (“Site”). We created this Website Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

  1. INFORMATION COLLECTION PRACTICES

2.1. TYPES OF INFORMATION COLLECTED

(a) TRAFFIC DATA COLLECTED. We may use cookies, web beacons, pixel tags and/or other technologies to automatically track and collect the following categories of information when you visit our Site: (1) IP address; (2) geolocation data; (3) cellular phone model; (4) operating system and carrier; (5) Internet Service Provider; (6) domain servers; (7) types of computers accessing the Site; and (8) types of web browsers used to access the Site (collectively “Traffic Data”).

(b) PERSONAL INFORMATION COLLECTED. In order for you to access certain services and to purchase products that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, user name and password, mailing address, e-mail address. phone number) and (2) Financial Data (such as your credit card number and other billing information). If you communicate with us by e-mail or complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.

2.2. USES OF INFORMATION COLLECTED

(a) COMPANY USE OF INFORMATION. We may use Traffic Data to personalize and improve our services and the Site, make marketing efforts more efficient, to learn more about our Site's visitors and customers, to research any problems with our Site and to protect the security of the Site. We use Contact Data to allow you to set up a user account, send you information about our company or our products or services, and to process and fulfill your orders. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services.

(b) SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Traffic Data regarding our customers and their behaviors with third parties. Traffic Data does not identify you personally.  We share Contact Data with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies. We also share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to Company. If you do not want us to share your Contact Data with any third parties, please select the “opt out” box on our online forms, but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Site. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 3.1, below.

(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” option each time we ask you for Personal Information.

  1. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Use. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit you Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION.

We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal account profile and: (a) review and update your Personal Information that we have already collected; (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; and/or (c) choose whether or not you wish for us to share your Personal Information with third parties.

3.2. LOST OR STOLEN INFORMATION.

You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.

3.3. PUBLIC INFORMATION. The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites.

  1. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.
  1. CALIFORNIA PRIVACY RIGHTS. If you are a California resident, you may request information about our disclosure of personal information to third parties for their direct marketing purposes. Please write to us at issues@pacificissue.com, RE: California Privacy Rights.
  1. CHILDREN'S PRIVACY. We do not intentionally collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13), you should not create a username and password, purchase from or provide information to Pacific Issue.