Pacifico Disaster Recovery LLC and/or its affiliates and subsidiaries (collectively, “Pacifico”) are pleased to provide to you their sites, software, applications, content, products and services (“Pacifico Services”). These terms govern your use and our provision of the Pacifico Services on which these terms are posted. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PACIFICO SERVICES. BY USING THE PACIFICO SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE ARBITRATION PROVISION BELOW.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE THAT CAN NOT BE ALTERED BY THESE TERMS. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
This is a contract (1) between you and Pacifico Disaster Recovery LLC, as a Puerto Rico limited liability company doing business at 1473 Ave. Wilson #502, San Juan, 00907, Puerto Rico, or (2) between you and any different service provider identified for a particular Pacifico Service.
You must read and agree to these terms (the “Agreement”) before using the Pacifico Services. If you do not agree, you may not use the Pacifico Services. These terms describe the limited basis on which the Pacifico Services are made available to you and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Pacifico Services, such as rules for a particular content, software, application, service or other activity, or terms that may accompany certain territories, content, products or software accessible through the Pacifico Services. If applicable, such supplemental terms and conditions will be disclosed to you in connection with such, content, product, software, application, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, the supplemental terms will prevail over these terms. If you do not agree to the supplemental terms and conditions disclosed, you must not use the applicable Pacifico Service.
We may change these terms at any time. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms. You are responsible for periodically reviewing the terms for updates and amendments. By continuing to use the Pacifico Services you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to these terms, you must discontinue using the Pacifico Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Pacifico Services) if you fail to comply with any provision of these terms.
2. The Pacifico Services
The Pacifico Services do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Pacifico Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Pacifico Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Pacifico Services may be used or exploited in any way other than as part of the Pacifico Services offered to you. You may own the physical media on which elements of the Pacifico Services are delivered to you, but we retain full and complete ownership of the Pacifico Services. We do not transfer title to any portion of the Pacifico Services to you.
Content and Software License
If a Pacifico Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your commercial use only, only for as long as each Pacifico Service is made available by us, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Pacifico Service in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Pacifico Service).
You may not: circumvent or disable any content protection system or digital rights management technology used with any Pacifico Service; decompile, reverse engineer, disassemble or otherwise reduce any Pacifico Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Pacifico Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Pacifico Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Pacifico Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE PACIFICO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
FOR HELP, PLEASE REFER TO THE HELP SECTION OF THE APPLICABLE PACIFICO SERVICE FOR ASSISTANCE IF DIGITAL CONTENT SUPPLIED VIA A PACIFICO SERVICE IS NOT WORKING PROPERLY. We will not be liable for damage which could have been avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligation.
We are not liable for business losses. We only supply the products. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE PACIFICO SERVICE, OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION, YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS OR THE CONSEQUENCES OF YOU CHANGING YOUR EQUIPMENT, DEVICE, OPERATING SYSTEM OR INTERNET CONNECTION.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
Changes to the Pacifico Services
The Pacifico Services are constantly evolving and will change over time. If we make a material change to the Pacifico Services, we will provide you with reasonable notice as described above and you will be entitled to terminate this contract prospectively by no longer using the Pacifico Services.
Additional Restrictions on Use of the Pacifico Services
We do not allow uses of the Pacifico Services that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Pacifico Service or connected network, or interfere with any person or entity’s use or enjoyment of any Pacifico Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Pacifico Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Pacifico Services using a robot, search engine, “spider,” “scraper,” or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a Pacifico Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Pacifico Services. You agree that your access to the Pacifico Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Pacifico Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Pacifico Services may be prohibited or restricted by your network provider and not all Pacifico Services may work with your network provider or device.
3. Your Content and Account
User Generated Content
The Pacifico Services may allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, or other content (“User Generated Content”). Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions including, without limitation, all copyrights, and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of any warranty, representation or other provision of these terms or any applicable supplemental terms. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Pacifico Services and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We may monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Pacifico Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Pacifico Services permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Pacifico Services if you engage in, encourage, or advocate for illegal conduct or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Pacifico Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Paid Transactions
Identity of Seller
Sales are made by Pacifico or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some digital storefronts on the Pacifico Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
Some Pacifico Services require paid subscriptions to access. By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. From time to time, we may offer a free trial subscription for a Pacifico Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
When you subscribe to a Pacifico Service (other than semi-annual and annual subscriptions), you have the right to cancel your contract within fourteen (14) days from the date the transaction is concluded and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred by you in the course of using the Pacifico Service prior to the date of cancellation. If you pay a periodic subscription fee for a Pacifico Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. If you subscribed online, we will give you the option of cancelling the subscription online.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
Right of Cancellation; Return of Goods
You may have the right to cancel an order placed for a Pacifico Service – depending on the nature of the Pacifico Service. Please read the following information carefully so you understand your right of cancellation.
If you wish to cancel, you must do so by following the cancellation instructions for the particular Pacifico Service.
Please see the information above on the process for cancelling subscriptions in our Subscriptions section.
These cancellation rights are separate and in addition to your rights should any item we supply be faulty.
If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.
We may revise the pricing for products and services we offer. When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
6. Additional Provisions
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Pacifico Disaster Recovery LLC
1473 Ave. Wilson #502
San Juan, Puerto Rico 00907, USA
Phone: +1 787 -523-6864
We are only able to accept notices in the languages in which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Pacifico Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Pacifico Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Pacifico will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Pacifico agree to arbitrate, as provided below, all disputes between you (including any related disputes involving Pacifico Disaster Recovery or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Pacifico Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Pacifico empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
A. In the event of a dispute, you or Pacifico must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Pacifico Disaster Recovery, 1473 Ave. Wilson #502, San Juan, Puerto Rico 00907, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Pacifico will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
Choice of Forum
For all Pacifico Services NOT provided by Pacifico Disaster Recovery the following shall apply:
Except to the extent required under applicable local law which requires that venue be in the country of your residence, you agree that any action at law or in equity arising out of or relating to these terms or the Pacifico Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of San Juan, Puerto Rico, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
For all Pacifico Services NOT provided by Pacifico Disaster Recovery the following shall apply:
Except to the extent that applicable local law requires that the law to be applied for contracts of this type be that of the country of your residence, these terms are governed by and construed in accordance with the laws of the State of Puerto Rico and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.