Terms and Conditions:
Welcome to the PacificPromos website. The pacificpromos.biz website (the “Site”) is comprised of various web pages operated by PacificPromos, Inc. (“PacificPromos”). The Site is an e-commerce Site. PacificPromos provides businesses with promotional items such as bags, notebooks, notepads, pens, mugs, and other customizable merchandise.
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read the terms carefully, and keep a copy of the Agreement for your reference.
Visiting the Site or sending e-mails to PacificPromos Promo constitutes electronic communications. You consent to receive electronically communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail, and on the Site, satisfy any legal requirements that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PacificPromos is not responsible for third-party access to your account that results from theft or misappropriation of your account. PacificPromos and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
PacificPromos does not knowingly collect, whether online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission from a parent or guardian.
Since all of our products are personalized, we are unable to accept returns. If you feel your order was produced incorrectly, please contact us within 30 days of the invoice date. If it is determined there is a material or manufacturing defect with your order, we will issue a returned goods and accept your return. We regret we cannot accept returns sent C.O.D. nor can we accept returns based on defects discovered after you have a third party apply the additional decoration.
All claims for shortages, loss, or non-delivery must be made within 10 days from the date of the invoice. Claims for damages in transit must be made with the individual carrier when you receive the shipment, so please save all shipping cartons for inspection.
For any order cancellations or refund requests, contact us at email@example.com with the Subject Header: Accounting.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PacificPromos and PacificPromos is not responsible for the contents of any Linked Site, including without limitation any link contained in a Liked Site, or any changes or updates to a Linked Site. PacificPromos is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by PacificPromos of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.pacificpromos.biz domain, you hereby acknowledge and consent that PacificPromos may share such information and data with any third party with whom PacificPromos has a contractual relationship to provide the requested product, service, or functionality on behalf of PacificPromos and customers.
No Unlawful or Prohibited Use/ Intellectual Property
All created content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PacificPromos or its suppliers and protected by copyright and other laws that protect intellectual and proprietary rights. You agree to observe and abide by all copyright and another proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of the protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PacificPromos and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PacificPromos or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, newsgroups, registered users sections, forums, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupt files, or any of the similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without consent; violate any applicable laws or regulations.
PacificPromos has no obligation to monitor the Communications Services. However, PacificPromos reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PacificPromos reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PacificPromos reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in PacificPromos’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. PacificPromos does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, PacificPromos specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized PacificPromos spokespersons, and their views do not necessarily reflect those of PacificPromos.
Materials uploaded to a Communications Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.pacificpromos.biz or posted to any PacificPromos page
PacificPromos does not claim ownership of the materials you provide to www.pacificpromos.biz (including feedback and suggestions) or post, upload, input or submit to any PacificPromos site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting PacificPromos, our affiliated companies, and necessary sublicensees, permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PacificPromos is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PacificPromos’ sole discretion.
By posting, uploading, inputting, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated, and administered by PacificPromos from our offices within the United States of America (the "USA"). If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the PacificPromos Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless PacificPromos, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, Products, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PacificPromos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which the event you will fully cooperate with PacificPromos in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PACIFIC PROMOS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PACIFIC PROMOS AND/OR THEIR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PACIFIC PROMOS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BY APPROVING ANY QUOTE OR BY PURCHASING OR ORDERING THE GOODS AND/OR SERVICES BASED ON OUR CONFIRMATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ON THIS PAGE (TERMS AND CONDITIONS). BEFORE PLACING YOUR ORDER, IF YOU HAVE ANY QUESTIONS RELATING TO THESE CONDITIONS, PLEASE CONTACT US VIA OUR EMAIL AT INFO@SMART GEARPROMOTIONS.COM.
PACIFIC PROMOS reserves the right, in its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including without limitation, this section.
PacificPromos’ performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of PacificPromos’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PacificPromos with respect to such use. If any part of this agreement is determined invalid or unenforceable pursuant to applicable law including but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Pacific Promos with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pacific Promos with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Pacific Promos reserves the right, in its sole discretion, to change the Terms under which www.pacificpromos.biz is offered. The most current version of the Terms will supersede all previous versions. Pacific Promos encourages you to periodically review the Terms to stay informed of our updates.