Privacy policy

Pacaso Online Store - Terms of Use

These Terms of Use were last updated on December 14, 2021

Welcome!  Thank you for visiting the Pacaso Swag Store. Please read this Agreement of Use carefully. This Agreement, together with the Privacy Policy and the Terms of Sale (collectively, the “Agreement”) govern your access to and use of the services provided by us through the website ;">www.pacasoswag.com (such website, the “Site” and together with any services, the “Services”).  By using our Services, you agree to be bound by the terms of the Agreement. The Agreement is a legally binding contract between you and Pacaso.  If you do not agree to be bound by the Agreement, please do not use our Services.

As used in the Agreement, "we," "us," and "Pacaso" means Landholdings, Inc., d/b/a Pacaso, and "you" means the user (if using our service as an individual), or the business employing the user (if using our service as a business). If there is any conflict between this Agreement of Use, the Privacy Policy, or the Terms of Sale, the Terms of Use will govern, followed by the Terms of Sale, and followed by the Privacy Policy.

THIS AGREEMENT CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION [6] AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION [8].  

BY AGREEING TO THE AGREEMENT, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

1. Your Account.  You may need to create an account with Pacaso to use some of our Services.  To access this Site and our Services, you may be asked to provide certain information, including, but not limited to, personal information.  We will treat any personal information that you submit through this Site in accordance with our Privacy Policy.  By using this Site, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that any message or information you send to or through this Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

2. Age Requirements. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.  Children under 13 years are not permitted to use the Site or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online. 

3. Account Responsibility. You agree to provide accurate information about yourself. You will not use false information or impersonate another person or company through your account. You are responsible for any and all activity on your account. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Agreement on behalf of the business. You agree to keep your password secure and to promptly report any unauthorized use of your account.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to the terms of the Agreement and the following restrictions in particular:

• You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.  You may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Pacaso, another user, or a third party.

• You agree not to transmit, post or share any threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, but not limited to, images and language.

• You agree not to transmit, post or share any information, images or other material which violates or infringes upon the rights of others, including, but not limited to, material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

• You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on, or source code, object code, APIs or computer programming included in, our Site, except that: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your browser for display enhancement purposes; and (c) you may take such actions as are enabled or permitted by the specific terms and conditions of any social media features or third-party links that we may provide.

• You agree not to attempt 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 us in providing this Site.

• You agree not to frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent.

• You agree not to use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather content from this Site  automatically (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such material) or to reverse engineer or attempt to obtain the source code of the Services. 

• You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

• You agree not to attempt to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization.

• You agree not to interfere or attempt to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”.

• You agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or service.

• You agree not to forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting.

• Intellectual Property; Third Party Services

1. Intellectual Property Protection.  All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights.  In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

2. Pacaso Marks.  All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Specifically, the name “Pacaso” and the other Pacaso marks, phrases, logos, and designs that we use in connection with our Services are trademarks, service marks, or trade dress of Pacaso in the US and other countries.  Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos that we or any third party own.

1. Feedback.  Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to us or this Site that you provide to us (collectively, “Feedback”) is considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you, but we are not obligated to use your Feedback in any way.  The term “Feedback” does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information that you may provide to us.

2. Third Party Services. Portions of this Site may allow you to use third party products and services, and this Site may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services.  We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor is this Site approved or endorsed by any Third Party Services. We have no responsibility to you for any Third Party Services.  

1. Termination. This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by terminating your account with Pacaso, or ceasing to use our Site. The terms of the Agreement apply to any rights or obligations of either party for so long as you are accessing and using the Services and continue for any claims arising out such access or use. We may terminate or suspend your account (and any accounts Pacaso determines are related to you or your account) and your access to the Services should we have reason to believe you or your use of the Services violate this Agreement. In the event of such termination, your rights to continue to use our Services terminates immediately, including the right to buy on our websites or mobile apps. If you or Pacaso terminate your account, you may lose any information associated with your account.

2. Changes. Pacaso reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

3. Survival. Upon termination or expiration, all rights granted to you under this Agreement will terminate; however, any provisions of this Agreement that by their nature shall survive any termination of this Agreement, including Sections 3, 6, 7, 8, and 9, shall survive any termination of this Agreement.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

1. WARRANTIES. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.  WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.  WE DISCLAIM ALL EQUITABLE INDEMNITIES.  YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. 

2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PACASO, NOR OUR LICENSORS OR OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO EVENT SHALL THE PACASO PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD). NO CLAIM OR ACTION ARISING FROM OR CONCERNING OUR SITE OR OTHERWISE HEREUNDER MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. 

3. Applicability. Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, in certain jurisdictions, some of the above limitations may not apply to you.

1. Indemnification and Release

1. Indemnification related to Terms of Use. You agree to release, defend, indemnify, and hold harmless the Pacaso, our licensors and our or their respective employees, agents, officers, or directors (collectively, “Pacaso Parties”) from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and costs (including, but not limited to, attorneys’ fees, costs and other expenses) arising out of or related to: (a) your use of this Site and our Services; (b) your use or misuse of any product purchased from us; and (c) any violation of the Agreement or applicable law by you in connection with your use of this Site, including, but not limited to, any actual or alleged infringement by you or any person to whom you provide access to this Site of any intellectual property or privacy or other right of any third party. In addition, you release Pacaso from any claims related to all products sold through our Services, including for defective items, misrepresentations by third party fulfillment suppliers, or items that caused physical injury (like product liability claims).

2. Release. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

2. Dispute Resolution, Binding Arbitration and Class Action Waiver

The Agreement is governed by and shall be construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws principles. All activity occurring in connection with the Services (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of Ohio.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  

1. Agreement to Arbitrate. You hereby agree that any claim or dispute between you and Pacaso, whether brought by you or by Pacaso, arising out of or relating in any way to the Agreement, your use of our Site or any of our content, or other aspect of the Sites, must be resolved through final, binding arbitration, except that either you or we may assert claims in small claims court if those claims qualify under applicable law.  In addition, either you or we have the option to bring claims in court to enjoin infringement or other violation of intellectual property rights without seeking damages.  This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Unless you opt-out of arbitration as set forth below, the arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable.  There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited.  However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow the Agreement, as a court would.  

2. No Class Claims. All arbitrations under the Agreement shall be conducted on an individual, and not on a class-wide, basis, and an arbitrator shall have no authority to certify a class or award class-wide relief.  The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims.  You acknowledge and agree that unless otherwise agreed in writing by you and Pacaso, with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims.  You agree you will not proceed in any court or arbitration proceedings as a representative of others (including in the capacity of a private attorney general), join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate in court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, Ohio’s Unfair and Deceptive Trade Practices Act and any other state consumer protection laws.

3. Procedure.  Before commencing any arbitration proceedings under the Agreement, a party must first send to the other a written notice of dispute (“Notice”).  Your Notice to Pacaso must be sent to: 18 E 4th St. Suite 902 Cincinnati, OH 45202. If a party’s claim is not resolved within sixty (60) days of delivery of the applicable Notice, you or we may commence arbitration proceedings in accordance with the Agreement.  The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or its successor (“AAA”) or, if you are an individual, the AAA's Consumer Arbitration Rules, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org.  If those rules conflict with any portion of the Agreement, the Agreement shall control.  The arbitration of any claims or disputes hereunder shall be conducted in Hamilton County, Ohio, except that if you are an individual the arbitration may be conducted in the county or parish of the billing address you provide to us (if applicable) or else in the county or parish of your primary residence.  You or we also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location.  Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules.  If you are an individual, we may reimburse you for those fees for claims totaling less than $10,000, unless the arbitrator determines your claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).    

4. Waiver. YOU AND WE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF US EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 8.A ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION.  AS SUCH, YOU AND WE HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION  ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN SECTIONS 8.B AND 8.C ABOVE.

5. Costs. Subject to reimbursement of certain fees as described in Section 8.C, Each party shall pay its own fees and costs of its own attorneys, experts and witnesses incurred in connection with any arbitration or court proceeding between the parties, notwithstanding any provision awarding attorneys’ fees to a prevailing party that may be a part of any statute under which you or we may bring a claim.  

6. Opt-Out. You may opt-out of Sections 8.A to 8.D by sending a notice (“Rejection Notice”) to Pacaso no later than sixty (60) days after your first consent to the Agreement or to any subsequent revisions to this Section 8.  If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version.  You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to 18 E 4th St. Suite 902 Cincinnati, OH 45202.  In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming Pacaso received the Rejection Notice within sixty (60) days.  You may opt out of the Agreement in its entirety by not using the Site.  

7. Venue.  To the extent that a dispute is not subject to arbitration under this Section 8, such dispute may be resolved through an action brought in the appropriate state or federal court located in Hamilton County, Ohio; and both parties irrevocably consent to the jurisdiction and venue of such courts for the adjudication of any non-arbitrable claims and waive any objection to such courts on any basis, including without limitation inconvenience.

8. Miscellaneous.

1. Electronic Communications Notice.  When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of our Site. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Site.

2. U.S. Operations.  Pacaso’s Site is controlled and operated by us from offices in the United States of America.  We make no representation that any of the content, products or services to which you have been given access are available or appropriate for use in other locations.  Moreover, if you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, rules, and regulations.

3. Entire Agreement; Severability; Waiver.  The Agreement, including all of the terms and policies that make up the Agreement, constitute the entire agreement between you and Pacaso and supersede any other agreement between you and Pacaso regarding the Services.  If any part of the Agreement is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.  Our failure to enforce any part of the Agreement is not a waiver of our right to later enforce that or any other part of the Agreement.  Neither the course of conduct between the parties nor trade practice shall act to modify any of the Agreement. 

4. Changes to Terms of Use.  You can review the most current version of the Terms of Use at any time at this page. We reserve the right, in our sole discretion, to change, add or remove portions of the Agreement, at any time, consistent with applicable law; provided that we are under no obligation to update this Site.  It is your responsibility to check the Agreement and the terms and policies incorporated by reference periodically for changes.  We will post a notification on this Site or otherwise provide notice to you if the Agreement materially changes.  Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification.  If you do not agree to the changes, do not continue to use this Site after the date they become effective.  Your continued use of this Site following notification of such changes means that you accept and agree to the changes. The "last updated" date at the top of this page will be revised to reflect the posting date of the current Terms of Use.

5. Assignment.  We may assign any of our rights and obligations under the Agreement.  You shall not assign any of your rights or delegate any of your obligations under the Agreement without our prior written consent.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under the Agreement.

6. Relationship between the Parties.  Nothing in the Agreement is intended or shall be construed as creating a partnership, joint venture, agency, or employer-employee relationship between the parties, or as authorizing either party to act as agent for the other or to enter into contracts on behalf of the other.

9. Contact Information.

1. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Site must be addressed to our agent for notice and sent via mail or courier to:18 E 4th St. Suite 902 Cincinnati, OH 45202. Regardless of which method is used, you must ensure that where available, a tracking service is used.

2. Under California Civil Code Section 1789.3, users of this Site 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 (800) 952-5210.  

3. The address for Pacaso for notice purposes is: 18 E 4th St. Suite 902 Cincinnati, OH 45202.

4. If you have any questions about the Agreement, please email us at swagstore@pacaso.com.