Terms And Conditions
Acceptance Of 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 www.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 or Cloud 9 Gift Certificate found at www.cloud9living.com or in Cloud 9 Living sales literature.Returns and Exchanges
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.Standard Purchaser Return and Refund Policy
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 www.cloud9living.comExtended Holiday Return Policy - 2009
To make your holiday shopping a bit less stressful, any experience or gift certificate purchased between November 15, 2009 and December 31, 2009 can be returned through January 31, 2010 free of charge. All other return policies apply.Recipient Return and Exchange Policy
Recipients may exchange unbooked experiences at any time prior to the 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 www.cloud9living.com.Should the recipient choose to exchange for a more expensive experience they will simply need to pay the difference in cost. Should they exchange for a less expensive experience, the remainder will constitute an unredeemed Gift Certificate balance remaining on such Gift Certificate.
Participant Cancellation and Rebooking
Once you have received a booking confirmation, cancellations and rebooking are allowed up to fourteen (14) days prior to the Experience, unless otherwise noted at www.cloud9living.com for a particular Experience. Failure to appear on your booked date or to cancel and rebook at least fourteen (14) days prior to you booked date (unless otherwise noted at www.cloud9living.com), 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 www.cloud9living.com. Cloud 9 makes no claim or guarantee as to the availability of any specific 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 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.Withdrawl of an Experience Or Location
In the event that Cloud 9 permanently cancels or otherwise terminates or withdraws a Cloud 9 Experience or Experience Location, you shall be entitled to exchange for another Cloud 9 Experience or a Cloud 9 Gift Certificate of equal or similar value. You shall not be entitled to a refund or exchange in the event you fail to participate in a booked Cloud 9 Experience unless you have cancelled and rebooked under the rules set forth in these Terms and Conditions.Provider Cancellations
Providers may cancel booked Cloud 9 Experiences without notice in the event of mechanical or equipment problems, malfunctions or unavailability, 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.Gift Certificates
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.Choice of Law And Forum Selection
All Cloud 9 Living Experiences or Cloud 9 Living Gift Certificates 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 www.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. By visiting, accessing, using and/or browsing the Website, you agree that any action or proceeding commenced under or with respect to or arising out of your access, use or browsing of this 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.
Expiration Dates
Your Cloud 9 Living Experience has 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. The expiration date can be found on the Gift Certificate from your original gift package at www.cloud9living.com or in your account summary. All Gift Certificates are considered purchased in the state of Colorado and are subject to Colorado law.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 $50 administrative fee and can be extended for a period of 3 months from the original expiration date. Your Experience or Gift Certificates will be converted to a monetary amount (based on the value of your original purchase) and you will be able to apply that amount towards the booking of any active experience listed on www.cloud9living.com.
Lost Or Stolen Certificates
Cloud 9 Living shall not be responsible for the loss of, theft of, or damage to any Cloud 9 Gift Certificate. Cloud 9 Living shall not be responsible for the loss of any Cloud 9 Experience or Cloud 9 Gift Certificate as a result of identity theft or fraud.Assignability
You may assign any Cloud 9 Experience or Cloud 9 Gift Certificate to any third party prior to the booked date of such Experience. The new Experience or Gift Certificate holder must provide relevant information to both Cloud 9 and the Experience Provider. Additionally, 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 Experiences
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 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 are included at www.cloud9living.com strictly for illustrative purposes and might not accurately reflect the actual Experience.Accuracy Of Website
Cloud 9 Living makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at www.cloud9living.com; however, the Website still 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 the 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 www.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 www.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 www.cloud9living.comhis Website. 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 www.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 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 this Website; provided, however, that recipient's of Cloud 9 Experience Certificates shall become subject to these Terms and Conditions upon the redemption of such Cloud 9 Experience 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 www.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 www.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 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.
