TERMS OF SERVICE
PACIFIC COAST LEGAL
Using PacificCoast.com
The terms governing your use of PacificCoast.com, purchases from our online store, communications and related services.
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Please read these Terms carefully.
These Terms of Service (“Terms”) govern access to and use of PacificCoast.com and any related websites, features, content, products and services that link to these Terms (collectively, the “Service”).
The Service is operated by Pacific Coast Feather Home Inc. (“Pacific Coast,” “we,” “us” or “our”). By visiting the Site, creating an account, placing an order or otherwise using the Service, you agree to these Terms and the policies incorporated by reference. If you do not agree, do not access or use the Service.
Our online store is hosted by Shopify Inc., which provides the ecommerce platform through which we offer products and services.
Acceptance and Scope
These Terms apply to all users of the Service, including visitors, customers and anyone who submits content through the Site.
New features, tools, products or services added to the Service will also be governed by these Terms unless separate terms are provided.
If these Terms conflict with a product-specific or service-specific policy, the more specific policy controls for that product or service to the extent of the conflict.
Eligibility and Online Store Use
By using the Service, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have authorized any minor dependents under your supervision to use the Service.
You may use the Service and our products only for lawful purposes. You may not violate applicable laws, including intellectual property and consumer protection laws, or transmit viruses, worms, malware or other destructive code.
A breach of these Terms may result in suspension or termination of access to the Service.
General Conditions
We may refuse, limit or discontinue service for lawful reasons, including suspected fraud, abuse, security concerns, policy violations or legal requirements.
Information submitted through the Service, other than payment card information, may be transmitted across different networks and adapted to technical requirements. Payment card information is encrypted during transmission by our ecommerce and payment service providers.
Without prior written permission, you may not reproduce, duplicate, copy, sell, resell or commercially exploit any part of the Service, access to the Service or contact made available through it.
Headings are provided for convenience and do not affect interpretation.
Site Information
We make reasonable efforts to provide accurate and current information, but Site information may occasionally be incomplete, inaccurate or outdated.
Content is provided for general information and should not be the sole basis for decisions where more complete, current or authoritative information is available. Historical information is provided for reference only.
We may update Site content at any time but are not obligated to update every item except as required by law.
Service and Price Changes
Product prices, promotions and availability may change without notice.
We may modify, suspend or discontinue all or part of the Service. To the fullest extent permitted by law, we are not liable for a modification, price change, suspension or discontinuation.
Changes do not affect rights or obligations already arising under an accepted order except as permitted by these Terms or applicable law.
Products, Availability and Returns
Certain products may be available exclusively online and in limited quantities. We make reasonable efforts to display product colors and images accurately, but appearance can vary by screen and device.
Where permitted by law, we may limit product sales, quantities or availability by customer, household, order, geographic region or jurisdiction. Product descriptions, prices and availability may change, and products may be discontinued.
Most eligible products purchased directly from PacificCoast.com may be returned within 180 calendar days of delivery, subject to all requirements, exclusions and instructions in our Returns & Refunds Policy, which is incorporated into these Terms.
Amazon and other third-party purchases are governed by the original retailer’s policies and must be returned through that retailer.
To protect customers and prevent fraud, we may limit return privileges where documented activity reasonably indicates repeated abuse, fraud or a material violation of the Returns & Refunds Policy, only to the extent permitted by law.
Except as stated in a product description, written warranty or applicable law, we do not guarantee that a product will satisfy every individual comfort preference.
Orders, Billing and Accounts
We may refuse, limit or cancel an order where permitted by law, including orders that appear fraudulent, unauthorized, abusive, intended for unauthorized resale or affected by a pricing or inventory error.
Restrictions may apply to orders associated with the same account, payment method, billing address, shipping address or household. If we change or cancel an order, we may attempt to notify you using the information provided with the order.
You agree to provide current, complete and accurate account, billing, shipping and purchase information and to update information needed to process transactions or contact you.
You are responsible for maintaining the confidentiality of account credentials and activity through your account, except where applicable law provides otherwise.
Optional Third-Party Tools
We may provide access to tools or services offered by third parties that we do not control.
Unless expressly stated otherwise, third-party tools are provided “as is” and “as available” without our endorsement. Use is at your discretion and may be subject to separate third-party terms and privacy policies.
To the fullest extent permitted by law, Pacific Coast is not responsible for loss arising solely from use of a third-party tool.
Third-Party Links and Services
The Service may link to websites, products or services operated by third parties. We do not control or guarantee third-party content, accuracy, security, availability, products, services or business practices. A link does not necessarily indicate endorsement.
Review the relevant third party’s terms and policies before completing a transaction or providing personal information. Questions or claims concerning a third-party product or service should be directed to that provider.
User Content and Feedback
If you submit reviews, photographs, comments, contest entries, suggestions, ideas or other material (“User Content”), you represent that you have the right to submit it.
Unless prohibited by law or otherwise agreed in writing, you authorize us to edit, copy, publish, distribute, translate and otherwise use submitted User Content in any medium without compensation.
We are not obligated to keep unsolicited User Content confidential, compensate you for it or respond to it. We may monitor, edit or remove User Content reasonably determined to be unlawful, fraudulent, abusive, defamatory, obscene, infringing, misleading or in violation of these Terms.
User Content must not infringe another person’s rights, contain unlawful or misleading material, contain malicious code, falsely identify its source or impersonate another person. You remain responsible for its accuracy and legality.
Privacy
Our collection, use and disclosure of personal information are described in our Privacy Policy.
By using the Service, you acknowledge that information may be processed by Shopify, payment processors, shipping carriers, marketing providers and other service providers as described in that policy.
Electronic Communications
When you place an order, create an account or transact with us, you agree to receive communications related to that relationship, including order confirmations, payment notices, shipping updates, account notices, security alerts and customer service messages.
Where you separately opt in, we may send promotional email. You may unsubscribe through the link in the message. Unsubscribing from marketing does not prevent transactional or legally required communications.
Marketing text messages are governed by Section 23. Consent to receive marketing calls or text messages is not required as a condition of purchase.
Errors and Omissions
The Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit estimates, availability or other information.
Subject to applicable law, we may correct an error, update information or cancel an affected order, including after submission. If we cancel a paid order because of an error, we will refund the amount charged for the canceled portion.
A displayed update or refresh date does not mean every item of information has been updated.
Prohibited Uses
You may not use the Service or its content:
- For an unlawful or fraudulent purpose;
- To encourage or participate in unlawful activity;
- To violate applicable international, federal, state or local law;
- To infringe our intellectual property or another party’s rights;
- To harass, threaten, abuse, defame, intimidate or unlawfully discriminate;
- To submit false, deceptive or misleading information;
- To upload or transmit malicious code;
- To collect another person’s information without authorization;
- To spam, phish, pharm, pretext, scrape or unlawfully crawl the Service;
- To distribute obscene or unlawful material; or
- To interfere with or circumvent Service security or operation.
We may suspend or terminate access for violating these restrictions.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT RESULTS OBTAINED THROUGH THE SERVICE WILL ALWAYS BE ACCURATE OR RELIABLE.
Except for express warranties provided by us or rights that cannot legally be excluded, we disclaim express and implied warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Nothing in these Terms excludes or limits a warranty, right or remedy that cannot lawfully be excluded or limited.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PACIFIC COAST AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO THE SERVICE OR PRODUCTS PURCHASED THROUGH THE SERVICE.
This limitation applies regardless of the form of action and even if we have been advised that such damages are possible.
Because some jurisdictions do not allow certain exclusions or limitations, these provisions apply only to the maximum extent permitted by law. Nothing limits liability that cannot legally be limited.
Indemnification
To the extent permitted by law, you agree to indemnify, defend and hold harmless Pacific Coast and its parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, suppliers and service providers from third-party claims, liabilities, damages and reasonable legal fees arising from your material breach of these Terms, unlawful use of the Service, violation of another party’s rights or User Content you submit.
This section does not require indemnification for a party’s own unlawful conduct.
Severability
If a provision is unlawful, invalid or unenforceable, it will be enforced to the maximum extent permitted by law and the unenforceable portion severed. Remaining provisions continue in effect.
Termination
These Terms remain effective until terminated by you or us. You may terminate use by discontinuing the Service and, where applicable, closing your account.
We may suspend or terminate access if we reasonably believe you materially violated these Terms, engaged in fraud or abuse, created a security risk or acted unlawfully.
Termination does not affect rights, payment obligations or liabilities arising before termination. Provisions that by nature should survive will remain effective.
Waiver and Entire Agreement
Failure to immediately enforce a provision does not waive our right to enforce it later.
These Terms and policies incorporated by reference constitute the entire agreement between you and Pacific Coast regarding the Service and supersede prior agreements or communications concerning the same subject matter.
Any ambiguity will be interpreted according to applicable law and not automatically against either party solely because that party drafted the language.
Governing Law
These Terms and any separate agreement through which we provide the Service are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory laws of your state or jurisdiction require otherwise.
Arbitration and Class Action Waiver
Except for matters eligible for small claims court, claims seeking appropriate relief for infringement or threatened infringement of intellectual property rights, and disputes that applicable law does not permit to be arbitrated, you and Pacific Coast agree to resolve disputes arising from or relating to the Service, purchases or these Terms through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules.
The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement. Arbitration will be in English. Location, format, fees and costs will be determined under the AAA Consumer Arbitration Rules and applicable law.
The arbitrator may determine interpretation, applicability and enforceability of this arbitration agreement, except where applicable law requires a court to decide an issue. Judgment on an award may be entered in a court with jurisdiction.
YOU AND PACIFIC COAST AGREE THAT EACH PARTY MAY BRING A CLAIM ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PACIFIC COAST WAIVE THE RIGHT TO A JURY TRIAL.
To the fullest extent permitted by law, a claim must be filed within one year after it arises unless applicable law requires a longer period.
You may opt out of this arbitration agreement by sending written notice within 60 days after initial acceptance of these Terms to service@pacificcoast.com . Include your full name, mailing address, account email if applicable, and a clear statement that you wish to opt out of individual arbitration.
Opting out does not affect other provisions of these Terms. This section survives termination.
SMS/MMS Mobile Messaging Program
If you affirmatively enroll in our SMS or MMS mobile messaging program (“Messaging Program”), you agree to receive recurring automated or prerecorded marketing and transactional messages from or on behalf of Pacific Coast at the telephone number used to enroll.
Consent to receive marketing messages is not required as a condition of purchase. Message frequency varies. Message and data rates may apply.
Opting Out
You may opt out at any time by replying STOP. We may also recognize equivalent instructions such as END, CANCEL, UNSUBSCRIBE or QUIT. For fastest automated processing, reply STOP. We will also honor any other reasonable method of withdrawing consent that applicable law requires us to recognize. You may receive one final confirmation message.
Help and Support
Reply HELP or email service@pacificcoast.com . A support request does not automatically unsubscribe a number unless it clearly requests that messaging stop.
Program Content
Messages may concern products, promotions, abandoned checkout reminders, payments, order status, delivery and related services.
Carrier and Delivery Disclosure
The Messaging Program may not be available on every device, carrier or location. Delivery depends on the wireless provider and network conditions. Pacific Coast and wireless carriers are not responsible for delayed or undelivered messages to the extent permitted by law. MMS may be delivered as SMS when a device does not support MMS.
Eligibility
You must own or be authorized to use the enrolled number and have a device and plan capable of two-way messaging. The Messaging Program is not intended for children under 13. Anyone between 13 and the age of majority may participate only with parent or legal guardian permission and where permitted by law.
Prohibited Content
You may not use the Messaging Program to transmit unlawful, fraudulent, threatening, harassing, defamatory, obscene, discriminatory or infringing content; malicious code; pirated software; unlawfully promoted products or services; or protected health information in violation of law.
The arbitration and class action provisions in Section 22 apply to Messaging Program disputes unless prohibited by law.
Changes to These Terms
We may update these Terms by posting a revised version and changing the “Last updated” date. Where required by law, we will provide additional notice or obtain consent before a material change takes effect.
Continued use after an updated version becomes effective constitutes acceptance to the extent permitted by law.
Contact Information
Questions about these Terms may be sent to:
Pacific Coast Feather Home Inc.
8 The Green, Ste A
Dover, DE 19901
United States
Email: service@pacificcoast.com
Phone: (949) 337-0675
Questions about these Terms?
Email service@pacificcoast.com .
Pacific Coast Feather Home Inc. · 8 The Green, Ste A · Dover, DE 19901 · United States