Terms & Conditions

Pacifica Distro Texas Terms & Conditions

Last updated: July 2, 2025

IMPORTANT NOTICE: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS & CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

1. GENERAL

Welcome to the website (“Site”) of Pacifica Distro Texas (“we”, “us”, “our” or “Pacifica”). Please review the following terms (the “Terms”) that govern your use of our Site, applications, products, and services, as well as your participation in our rewards program described at the end of these Terms. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Additional Terms”). If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the meals, products, content or services made available through the Site (collectively, the “Products”). To the extent that there is any conflict between these Terms and any Additional Terms, such Additional Terms shall govern with respect to their subject matter.

We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be posted as a modified agreement on the Site with an updated “Last updated” date. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. Your use of our Site and the Products following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.

We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms, you represent that you are over 18 years old and at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US AT hello@pacificadistrotexas.com

2. PACIFICA DISTRO TEXAS ACCOUNT

You may be required to create an account to use some of the features of the Site. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts within the same household except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at hello@pacificadistrotexas.com and to change your password. You may not transfer your account to anyone else without our prior written permission.

3. PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Site or our Products, you acknowledge that you have read and agree to the Privacy Policy.

4. NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER

We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime.

By using Pacifica Products, you acknowledge that you are doing so at your own risk.

We do not claim our meal program or Products will alleviate, heal or cure any health condition or symptom. The content of this Site and any Product Pacifica offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site or on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Pacifica should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Pacifica on this Site and our programs and Products have not been evaluated by the Food and Drug Administration.

5. PRICING AND AVAILABILITY

All prices are shown in U.S dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, to limit the sales of our Products to any person, geographic region or jurisdiction and to substitute Products (including, but not limited to, specific ingredients in a meal or entire meals) without prior notice.

We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at hello@pacificadistrotexas.com

6. PAYMENTS, BILLING AND PROMOTIONS

Payment is due upon purchasing your Pacifica Products. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).

7. PROMOTIONS, REFERRALS, AND DISCOUNTS

If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per Order. Promotion or discount codes may be used on already discounted programs; however, we reserve the right to cease this practice at any time without notice. Holiday and other special promotions may, at the option of Pacifica, carry specific terms, conditions, and restrictions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.

8. SHIPPING, HANDLING, AND DELIVERY

You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.

All Product purchased from Pacifica are made pursuant to a shipment contract. This means that when you purchase a Product that is fulfilled by one of our third party fulfillment partners title to and the risk of loss of such Product passes to you upon the fulfillment partner’s delivery of such Product to the third party courier, and when you purchase a Product that is fulfilled by us title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.

9. DELIVERY DISCLAIMER

Pacifica is not responsible for failed deliveries due to incorrect or incomplete addresses.

Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. Pacifica is not responsible for replacing items once delivered, in the event that you are not home and the delivery is taken.

Once the delivery has been made, we are no longer responsible for any damage to the delivery or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.

Pacifica is not responsible for damage or loss of personal property during deliveries if evidence of misconduct by Pacifica or its delivery personnel cannot be provided.

10. RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS

We cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact us at hello@pacificadistrotexas.com

Refunds will not be issued for delays that are the result of factors outside Pacifica’s control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners.

11. DISCLAIMER OF WARRANTIES

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL PACIFICA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

13. INDEMNIFICATION

To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless Pacifica and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Pacifica 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 event you will fully cooperate with Pacifica in asserting any available defenses. This provision does not require you to indemnify Pacifica for any unconscionable commercial practice by Pacifica or for Pacifica’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to or use of the Site or Products.

If you are a California resident, you waive California Civil Code Section 1542, which provides: 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 not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

14. SITE CONTENTS

Unless otherwise noted, all materials, including text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are protected by copyrights, trademarks, trade dress and/or other intellectual property rights owned or controlled by Pacifica its subsidiaries and/or affiliates, its licensors or other content providers. “Pacifica”, “Pacifica Distro Texas”, and our logos, tag lines, and other marks are trademarks of Pacifica (“Trademarks”). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to are owned by Pacifica. Pacifica may prosecute infringement to the fullest extent permitted under applicable law.

Your access to and use of the Site does not grant you any license or right to use any Trademark displayed on the Site. Pacifica, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Pacifica neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. Downloading or copying the Site (including the Content) for other than personal use is expressly prohibited without the prior written permission of Pacifica or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Site (which includes the Content), nor may you frame or utilize framing techniques to enclose any Trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or Trademarks, without the express written consent of Pacifica. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

All software used on the Site is the property of Pacifica or our licensors and protected by United States and international copyright laws. Subject to these Terms, Pacifica hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Site for your personal, noncommercial use only. This license does not include: (i) any resale or commercial use of the Site; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site, in whole or in part. All rights not granted under these Terms are reserved by Pacifica.

Without Pacifica prior permission, you agree not to display or use in any manner the Pacifica marks.

15. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

Pacifica does not accept any unsolicited ideas from outside the company, including, without limitation, suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. Pacifica is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of Pacifica or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Pacifica may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

16. PACIFICA COMMUNICATIONS TO YOU

You agree that Pacifica may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about any Pacifica Product, or for such other purpose(s) as Pacifica deems appropriate. You have the option to opt-out of marketing communications.

Pacifica may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to notify you regarding your account or otherwise as necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

17. RESTRICTIONS ON ACCESS AND USE
You agree to use the Site for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable policies and all laws that apply to you. If your use of the Site (including a purchase of any items on the Site) is prohibited by any applicable laws, then you aren’t authorized to use the Site. We are not responsible if you use the Site in a way that breaks the law.

You must not create multiple accounts for yourself or within the same household, and you must not let others use your account. You’re responsible for any activity associated with your account.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

When accessing or using the Site, you agree to:

  • Abide by all laws, rules, regulations, these Terms, and all Pacifica policies;
  • Only purchase items you are legally able to purchase in your jurisdiction;
  • Only use (or attempt to use) the Site through interfaces provided by Pacifica; and
  • Comply with the instructions in any robots.txt file present on the Site.

Pacifica expects its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Site or while using the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, when accessing or using the Site, you agree not to:

  • use the Site or any of our Products for any unlawful or unauthorized purpose;
  • solicit others to perform or participate in any unlawful acts;
  • violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • submit false or misleading information;
  • submit objectionable content, including profanity, obscenity, lasciviousness, violence;
  • upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
  • collect or track the personal information of others;
  • spam, flood, phish, pharm, pretext, spider, crawl, harvest, or scrape;
  • use the Site for any obscene or immoral purpose;
  • interfere with or circumvent the security features or user authentication measures of the Site or any related website, other websites, or the Internet, or attempt to exceed the limited authorization and access granted to you under these Terms;
  • frame portions of the Site within another website or application;
  • use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site; or
  • resell use of, or access to, the Site, or any Products, to any third party without our prior written consent.

We reserve the right to terminate your use of the Site or any related website or service for violating any of the prohibited uses or these Terms.

18. LINKS TO OTHER WEBSITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Pacifica does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Pacifica is not responsible and shall not be held liable for the use of any such outside service or resource.

19. INACCURACY DISCLAIMER

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your Order).

Pacifica does not warrant that information made available on this Site is accurate, complete, reliable, error-free or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

20. TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site and Products, or when you cease using our Site and Products. We are also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Even after your right to use the Site is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Pacifica for items purchased will remain due.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding arbitration and class action waiver.

21. NO THIRD-PARTY BENEFICIARIES

These Terms are not enforceable by or for the benefit of any third party.

31. MISCELLANEOUS

Electronic Communications. You agree to receive communications from Pacifica electronically, such as emails, texts, or notices and messages on the Site, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Pacifica provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.”

Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Severability. Subject to the section titled “Arbitration,” in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.

Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2025 Pacifica Distro Texas., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Program content is the exclusive property of Pacifica and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Pacifica or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials – including reproduction, modification, distribution, republishing, transmission, display, or performance – without the prior written permission of Pacifica is strictly prohibited.

33. CONTACT INFORMATION

If you have any questions or concerns with respect to these Terms, the Products or the Program, or to report any violations of these Terms, please contact us at: hello@pacificadistrotexas.com