Terms and Conditions
By purchasing, booking, redeeming, or participating in a Cloud 9 Living Experience or Cloud 9 Living Gift Certificate or by accessing, browsing and using cloud9living.com (the "Website") you agree to be subject to the following terms and conditions ("Terms and Conditions") as well as all other applicable laws.
Purchasing and Redeeming
Follow the instructions for purchasing and redeeming a Cloud 9 Experience Certificate or Cloud 9 Living Gift Certificate found at cloud9living.com or in Cloud 9 Living sales literature.
Experience Certificates Defined
Cloud 9 Living Experience Certificates are issued and can be redeemed for the specific Experience associated with the particular Experience Certificate (i.e. Hot Air Balloon Ride for 1 in Del Mar, CA). Experience Certificates are not issued to customers in a specified or denominated amount like a store gift card or general-use prepaid card, rather they are redeemable for the specific Experience associated with the particular Experience Certificate.
Cloud 9 Living Experience Certificates may be exchanged in accordance with the terms set forth below under "Recipient Return and Exchange Policy".
Gift Certificates Defined
Cloud 9 Living Gift Certificates can be redeemed for experiences only through Cloud 9 Living, and cannot be redeemed or exchanged for services with any other merchant, entity or experience supplier. Cloud 9 Living Gift Certificates cannot be redeemed or exchanged for cash. Cloud 9 Living Gift Certificates do not store any value electronically and value cannot be electronically added or subtracted to Cloud 9 Living Gift Certificates.
Expiration Dates for Experience Certificates
Cloud 9 Living Experience Certificates purchased prior to March 1, 2012: Cloud 9 Living Experience Certificates purchased prior to March 1, 2012 have an expiration date of one (1) year from the date purchased. You must schedule your experience before the expiration date. However, please note, if you schedule your experience for a date after your expiration date, you will be responsible for any difference in price for your particular experience. The expiration date can be found on the Experience Certificate from your original gift package, email or printable certificate; or in your account summary at cloud9living.com. All Experience Certificates are considered purchased in the state of Colorado and are subject to Colorado law. Experience Certificate expiration dates may be extended by calling Cloud 9 Living at 1-866-525-6839 and must be requested PRIOR to your original expiration date. All extensions will be subject to a $25 administrative fee and can be extended for a period of six (6) months from the original expiration date. Only one (1) extension will be granted per Experience Certificate.
Cloud 9 Living Experience Certificates purchased after March 1, 2012: Cloud 9 Living Experience Certificates purchased after March 1, 2012 do not expire. Experience Certificates purchased after March 1, 2012 may be redeemed for the specific experience purchased for nine (9) months from the date of purchase; Experience Certificates not redeemed and not used within nine (9) months from the date of purchase may be applied towards bookings for experiences then-available at cloud9living.com equal to or less than the original purchase price of the Experience Certificate. All Experience Certificates are considered purchased in the state of Colorado and are subject to Colorado law.
Expiration Dates for Gift Certificates
Cloud 9 Living Gift Certificates purchased prior to March 1, 2012: Cloud 9 Living Gift Certificates purchased prior to August 22, 2010 have an expiration date of one (1) year from the date purchased. Cloud 9 Living Gift Certificates purchased between August 22, 2010 and February 29, 2012 have an expiration date of (5) years from the date purchased. You must schedule your experience before the expiration date. The expiration date can be found on the Certificate from your original gift package, email or printable certificate; or in your account summary at cloud9living.com. All Gift Certificates are considered purchased in the state of Colorado and are subject to Colorado law. Expiration dates for Gift Certificates purchased prior to August 22, 2010 may be extended by calling Cloud 9 Living at 1-866-525-6839 and must be requested PRIOR to your original expiration date. All such extensions will be subject to a $25 administrative fee and can be extended for a period of six (6) months from the original expiration date. Only one (1) extension will be granted per Gift Certificate. Gift Certificates purchased on or after August 22, 2010 may not be extended.
Cloud 9 Living Gift Certificates purchased after March 1, 2012: Cloud 9 Living Gift Certificate purchased after March 1, 2012 do not expire.
Standard Purchaser Return and Refund Policy
Even though we like to think everyone will love their Cloud 9 Living experience, we understand things happen. As such, we've tried to make our return and exchange policy as easy as possible.
If you wish to return a gift you purchased, you must do so within 30 days of your purchase. All refunds must be requested by the original purchaser and all monies will be remitted only to the original purchaser in accordance with the original payment method. In other words, we can only issue a refund to the person who made the purchase and can only credit the original payment method used in the transaction. No refunds are allowed once a Cloud 9 Experience is booked in accordance with booking requirements found at cloud9living.com.
Exchanges
Recipients may exchange unbooked experiences at any time prior to any applicable Experience Certificate or Gift Certificate expiration date free of charge. Booked Experiences must be exchanged outside of the posted cancellation policy found on the relevant Experience Detail page at cloud9living.com.
Should the recipient choose to exchange for a more expensive experience, he or she will simply need to pay the difference in cost. Should he or she exchange for a less expensive experience, the remainder will constitute an unredeemed balance remaining on such Experience Certificate or Gift Certificate.
Experience Cancellations & Rescheduling
Once you have received a booking confirmation, any cancellation and/or rescheduling is subject to the cancellation and rescheduling policies for your specific experience as listed at cloud9living.com on the description of your experience. Failure to appear on your booked date or to cancel and rebook in accordance with the cancellation and rescheduling policy listed for your specific experience will result in the loss of the value of your Experience.
Availability
All Cloud 9 Experiences are subject to availability and shall be booked in advance in accordance with the requirements found at cloud9living.com. Cloud 9 makes no claim or guarantee as to the availability of any specific Experience. In the event that Cloud 9 no longer offers or otherwise terminates or withdraws a Cloud 9 Experience or Experience Location, you shall be entitled to exchange for another Cloud 9 Experience.
Weather
Certain Experiences are very weather dependent. You should not assume that weather conditions will result in a cancellation of a booked Cloud 9 Experience, as failure to appear for an experience that has not actually been cancelled by the experience provider will result in the loss of your Experience value. Always contact the Experience Provider with any questions regarding weather conditions. All Experiences cancelled by the Provider due to weather conditions will be rebooked, subject to availability, without penalty.
Provider Cancellations
Providers may cancel booked Cloud 9 Experiences without notice for reasons including but not limited to weather, mechanical or equipment problems, malfunctions or unavailability, venue issues, celebrity illness or other no-shows. In such event, you shall be entitled to re-book or exchange such Cloud 9 Experience in accordance with these Terms and Conditions. Cloud 9 Living shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a cancelled Cloud 9 Experience.
Choice of Law and Forum Selection
All Cloud 9 Living Experiences, Cloud 9 Living Experience Certificates and Cloud 9 Living Gift Certificates are considered purchased in the state of Colorado and are subject to Colorado law without regard to principles of conflict of laws.
By visiting, accessing, using or browsing cloud9living.com you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, shall govern the conditions of use and such use will be construed in accordance with the laws of Colorado, including all matters of construction, validity and performance.
Any disputes arising under these Terms & Conditions, arising under the purchase, redemption or participation in a Cloud 9 Living experience, or arising under accessing, using and/or browsing the Website shall be brought within one (1) year thereafter and only in the county or district courts of Boulder County, Colorado, and the purchaser, recipient, redeemer, and/or participant hereby irrevocably consent to the exclusive jurisdiction of such courts and waive any right to alter or change venue, including by removal. In the event you or Cloud 9 Living institute any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
Lost or Stolen Certificates
Cloud 9 Living shall not be responsible for the loss of, theft of, or damage to any Cloud 9 Experience Certificate or Gift Certificate. Cloud 9 Living shall not be responsible for the loss of any Cloud 9 Experience Certificate or Cloud 9 Gift Certificate as a result of identity theft or fraud.
Assignability
You may assign any Cloud 9 Experience Certificate or Cloud 9 Gift Certificate to any third party prior to the booked date of such Experience. Any such assignee shall be subject to and legally bound by these Terms and Conditions as well as the Terms and Conditions and participant requirements of the relevant Experience Provider.
Accuracy of Experience Descriptions & Website Content
Cloud 9 Living reserves the right to delete, add to or otherwise change the description, terms and conditions and the prices for any Cloud 9 Experience without prior notice. Cloud 9 Living shall use commercially reasonable efforts to update the Website to reflect any deletions, additions or other changes to the description or price for any Cloud 9 Experience; however, the Experience Provider shall be ultimately responsible for the accuracy of the description of the relevant Cloud 9 Experience(s), including without limitation, the exact location, estimated duration, waiting times, instruction requirements, minimum and maximum number of other participants and any other limitations, restrictions or requirements related to the relevant Cloud 9 Experience, such as age, height, physical condition, weather or other limitations, restrictions or requirements. Pictures and descriptions of Cloud 9 Experiences included at cloud9living.com are strictly for illustrative purposes and might not accurately reflect the actual Experience.
Cloud 9 Living makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at cloud9living.com; however, the Website may contain technical inaccuracies or typographical errors. Cloud 9 Living makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the material or content contained in the Website. Cloud 9 Living provides such content and material, including the text, graphics and links, to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.
No Liability for Providers of Cloud 9 Experiences
All providers of Cloud 9 Experiences (the "Providers") are independent and unaffiliated to Cloud 9 Living. Cloud 9 Living is not responsible for any matters related to the Providers, including without limitation, the actions or omissions of any Providers. Cloud 9 Living makes no warranties or representations OF ANY KIND, EITHER EXPRESS OR IMPLIED, regarding any Cloud 9 Experiences or the Providers thereof, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ALL CLOUD 9 EXPERIENCES ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT PROVIDER AND YOU SHALL LOOK SOLELY TO THE RELEVANT PROVIDER FOR ANY MATTERS OR COMPLAINTS RELATED TO THE CLOUD 9 EXPERIENCE.
Cloud 9 shall not be liable for punitive, special, consequential, incidental or indirect damages of any kind or nature, including without limitation, lost profits, regardless of whether such liability is asserted on the basis of contract, tort, strict liability or otherwise, which relate to or are otherwise connected to any Cloud 9 Experience or the actions or omissions of any Provider in connection with the same even if Cloud 9 has been advised of the possibility of such damages.
By purchasing and/or redeeming a Cloud 9 Experience or Cloud 9 Gift Certificate, you hereby RELEASE AND FOREVER DISCHARGE and promise not to sue or assert against CLOUD 9 AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS, EMPLOYEES FROM ANY AND ALL CLAIMS, causes of action, damages, losses, liabilities, EXPENSES AND COSTS whatsoever THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE, including WITHOUT LIMITATION, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to THE ACTIONS OR OMISSIONS ON THE PART OF ANY PROVIDER OR OTHERWISE ARISING IN CONNECTION WITH YOUR PURCHASE, REDEMPTION, BOOKING, CANCELLATION, EXCHANGE AND/OR PARTICIPATION IN A CLOUD 9 EXPERIENCE.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, SOME OF THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.
You may be required to execute a separate waiver and release of liability in form and substance satisfactory to the provider before being permitted to participate in an experience.
PROVIDERS MAY OR MAY NOT BE COVERED BY LIABILITY AND/OR PROPERTY DAMAGE INSURANCE AND EVEN WHEN A PROVIDER MAY HAVE OBTAINED SUCH INSURANCE, YOUR PARTICIPATION IN THE PROVIDER'S EXPERIENCE MAY NOT BE COVERED BY SUCH INSURANCE.
Restrictions on Use Of cloud9living.com
If you are a minor, you must obtain the permission of your parents or legal guardians in order to access, use or browse cloud9living.com.
By accessing, using or browsing the Website, you agree not to use any device, software or other tool or process to interfere or attempt to interfere with the operation of the Website and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of cloud9living.com. In addition, you agree not to use any robot, spider or other software, device, tool or process to monitor or copy the pages or the material or content of this Website without the prior written consent of Cloud 9 Living. Cloud 9 Living typically grants such consent to operators of standard Internet search engines that employ customary technology to direct Internet users to this Website from their search engine websites.
By accessing, using or browsing cloud9living.com, you agree that the information you provide to Cloud 9 Living via the Website will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate data or information.
By accessing, using or browsing the Website, you agree that Cloud 9 Living may unilaterally terminate your rights of access to this Website without prior notice in the event that Cloud 9 Living determines, in its sole discretion, that (a) you have violated these Terms and Conditions or have otherwise abused, misused or otherwise sought to damage the Website, Cloud 9 Living or its other customers; (b) Cloud 9 Living receives a bona fide request from law enforcement officials or officials from other government agencies; (c) Cloud 9 Living experiences unexpected technical or security issues or problems; and (d) you have not visited the Website for an extended period of time. Such termination may entail the deletion of your password and account designation and all related information associated the same; and a permanent or indefinite suspension of your rights to access, use or browse this Website.
Disclaimer of Liability
You are accessing, using or browsing www.cloud9living.com or m.cloud9living.com at your own risk. CLOUD 9 Living AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, CLOUD 9 AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither CLOUD 9 AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if Cloud 9 Living has been advised of the possibility of such damages.
Costs and Expenses of any Subsequent Legal Action
In the event you or Cloud 9 Living institute any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
Miscellaneous
There shall be no third party beneficiaries of these Terms and Conditions or of your use of the Website; provided, however, that recipients of Cloud 9 Experience Certificates and/or Cloud 9 Gift Certificates shall become subject to these Terms and Conditions upon the redemption of such Cloud 9 Experience Certificates or Cloud 9 Gift Certificates.
You shall indemnify, defend and hold harmless Cloud 9 and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees from and against all losses, expenses, liability, damages and costs, including legal fees and costs, resulting from your violation of these Terms and Conditions and/or your access, use or browsing of this Website.
In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.
Cloud 9 Living may amend these Terms and Conditions at any time by posting such amended Terms and Conditions on cloud9living.com. Such amended Terms and Conditions will be effective as of the date it is posted to the Website.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
Privacy
Cloud 9 Living respects your privacy. Cloud 9 Living intends to use and retain the personal information about yourself that you provide to Cloud 9 Living on cloud9living.com only to process your purchases and/or redemptions of Cloud 9 Experiences and Cloud 9 Experience Certificates and to send you other information about Cloud 9 Living including but not limited to marketing and/or promotional materials, and will not be used for any other purpose, unless Cloud 9 Living explicitly states otherwise at the time such personal information is obtained. Cloud 9 Living will not sell or knowingly disclose your personal information to any third party; provided, however, Cloud 9 Living may compile or derive statistical information from your personal information to be aggregated with the statistical information compiled or derived from other visitors to the Website. However, such statistical information cannot be traced to you. Cloud 9 Living uses aggregated statistical information to better serve our guests and visitors to this Website and improve the manner in which the business of Cloud 9 Living is conducted.
However, in connection with the regulatory requirements applicable to Cloud 9 Living, Cloud 9 Living cannot promise that all of your personal information will never be disclosed. For example, Cloud 9 Living may be compelled or determine it is necessary or appropriate to disclose your personal information to the government or third parties in connection with law enforcement actions and legal disputes involving fraud, misappropriation of intellectual property, infringement of intellectual property rights or other conduct that may expose us to liability. In addition, although Cloud 9 Living has adopted industry standard practices to safeguard your personal information, there is no such thing as perfect security regarding information transmitted by way of the Internet. Unauthorized third parties may unlawfully intercept or access transmissions containing your personal information. Therefore, Cloud 9 Living does not promise, and you should not expect, that your personal information will always remain private.
You will select a password and account designation upon completing the registration process for purchasing and/or redeeming Cloud 9 Experiences or Cloud 9 Experience Certificates. You shall be solely responsible for maintaining the confidentiality of the password and account designation, and you shall be responsible for all activities occurring on the Website pursuant to your password or account designation. You shall immediately notify Cloud 9 Living of any unauthorized use of your password or account designation or any other breach of security affecting this Website.
You acknowledge and agree that Cloud 9 Living is not responsible for and has no control over third parties that may be accessed or linked from the Website and you are encouraged to refer to the statements and policies adopted by such third parties related to the use and retention of personal information.
The Website may use "cookies" on certain pages to optimize your experience. These "cookies" reside on the hard drive of your computer. These "cookies" transmit no information about you or your computer to us. You may be able to alter your internet browser to reject "cookies", although doing so may affect your ability to consummate certain transactions on this Website.
Copyright Terms and Conditions
The copyright to all materials and content contained in cloud9living.com is owned or licensed by Cloud 9 Living unless otherwise set forth and may not be used by you except as set forth in these Terms and Conditions. You may only download material and content contained in the Website for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. You may not use, alter, modify, distribute, transmit or re-post the material and content contained in this Website for public or commercial purposes without the prior written consent of Cloud 9 Living.
Trademark Terms and Conditions
"Cloud 9 Living", the "C9" logo and Cloud 9 Living's other trademarks and service marks and other logos and product and service names are trademarks of Cloud 9 Living. You may not copy, use or display in any manner such trademarks and service marks without the prior written consent of Cloud 9 Living.
