Terms & Conditions
Terms and Conditions
Acceptance of Terms and Conditions
By purchasing, using, accepting, booking, redeeming, or participating in a Cloud 9 Living Experience ("Experience"), Cloud 9 Living Experience Certificate ("Experience Certificate"), Cloud 9 Living Gift Certificate ("Gift Certificate"), or a Cloud 9 Living WISH Card (collectively, the "Services") or by accessing, browsing and using www.cloud9living.com or m.cloud9living.com (the "Website") you agree to be subject to the following terms and conditions ("Terms and Conditions" or "Agreement") as well as all other applicable laws. The Services and Website are offered by Cloud 9 Living Inc. ("Cloud 9 Living"). IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
Cloud 9 Living may amend these Terms and Conditions at any time by posting such amended Terms and Conditions on the Website. Such amended Terms and Conditions will be effective as of the date it is posted to the Website.
Purchasing and Redeeming
Follow the instructions for purchasing and redeeming an Experience Certificate or Gift Certificate found at the Website or in Cloud 9 Living sales literature. As a condition to redeeming an Experience Certificate or Gift Certificate, a recipient must first register for an account and accept these Terms and Conditions.
Experience Certificates are issued and redeemable for a specific Experience offered through the Website (e.g., an Experience Certificate may be issued for a Hot Air Balloon Ride for 1 in Del Mar, CA). Experience Certificates are not issued to customers in a specified or denominated dollar amount. Experience Certificates cannot be redeemed or exchanged for services with any other merchant, entity or experience supplier. Experience Certificates cannot be redeemed or exchanged for cash except where required by state or federal law. Experience Certificates do not store any value electronically and value cannot be electronically added or subtracted to Experience Certificates.
You may purchase an Experience Certificate for your own use or as a gift for another person. If you purchase an Experience Certificate as a gift for another person, you will be required to enter the name and e-mail address of such other person prior to completing the transaction. In no event shall Cloud 9 Living collect your mailing address or the recipient’s mailing address. Cloud 9 Living will, however, collect your billing address in order to complete the transaction. Upon purchase, the Experience Certificate shall be delivered electronically by e-mail to you or to the recipient.
Experience Certificates are redeemable through the Website for the specific Experience associated with the particular Experience Certificate. In particular, the recipient is required to enter the unique Experience Certificate number from the delivery e-mail at the Website, and then will be prompted to either create an account or login to an existing account. The recipient will then be guided through the remainder of the redemption and booking process. In the event the recipient wishes to purchase any available options associated with the Experience, he or she will need to pay for those options with another form of payment.
Except as explained in the below "Standard Purchaser Return and Refund Policy," all sales of Experience Certificates are final. However, a recipient may exchange an Experience Certificate in accordance with the conditions discussed below in "Exchanges."
Gift Certificates are issued in a dollar-denominated amount ranging from $50 to $2,000. Gift Certificates can be redeemed for Experiences only through the Website, and cannot be redeemed or exchanged for goods or services with any other merchant, entity or experience supplier. Gift Certificates cannot be redeemed or exchanged for cash except where required by state or federal law. Gift Certificates do not store any value electronically and value cannot be electronically added or subtracted to Gift Certificates (other than through redemptions).
You may purchase a Gift Certificate for your own use or as a gift for another person. If you purchase a Gift Certificate as a gift for another person, you will be required to enter the name and e-mail address of such other person prior to completing the transaction. In no event shall Cloud 9 Living collect your mailing address or the recipient’s mailing address. Cloud 9 Living will, however, collect your billing address in order to complete the transaction. Upon purchase, the Gift Certificate shall be delivered electronically by e-mail to you or to the recipient.
Gift Certificates are redeemable through the Website toward booking an Experience of the recipient’s choosing. In particular, the recipient is required to enter the unique Gift Certificate number from the delivery e-mail at the Website, and then will be prompted to either create an account or login to an existing account. The recipient will then be guided through the remainder of the redemption and booking process. A Gift Certificate may be used to purchase any available options associated with the chosen Experience, to the extent the balance is sufficient to cover the price of such options. Any selected options that exceed the balance of the Gift Certificate will need to be purchased using another form of payment.
A Gift Certificate may be redeemed for an Experience of a lesser or greater value. If the chosen Experience has a lesser value than the Gift Certificate, the additional balance will be available to the recipient and may be used toward future Experience purchases. If the chosen Experience has a greater value than the Gift Certificate, the recipient must pay the difference with another form of payment. A Gift Certificate may also be used toward purchasing available options associated with the chosen Experience; however, any options that exceed the balance of the Gift Certificate will need to be paid for with another form of payment.
Except as explained in the below "Standard Purchaser Return and Refund Policy," all sales of Gift Certificates are final.
WISH Cards are issued in a dollar-denominated amount and can only be redeemed for select experiences that are part of the WISH Card, as listed at cloud9living.com/wish-card. A WISH Card cannot be redeemed or exchanged for experiences that are not part of the WISH Card as listed at cloud9living.com/wish-card, and cannot be redeemed for goods or services with any other merchant, entity, or experience providers. Not redeemable for cash unless required by law. Lost, stolen or damaged cards will not be replaced. No expiration date or service fees apply. WISH Cards do not store any value electronically and value cannot be electronically added or subtracted to WISH Cards (other than through redemptions).
WISH Cards are redeemable through cloud9living.com/wish-card. In particular, the recipient is required to enter the unique certificate number from the WISH Card and then will be prompted to either create an account or login to an existing account. The recipient will then be guided through the remainder of the redemption and booking process. A WISH Card may be used to purchase any available options associated with the WISH Card, to the extent the balance is sufficient to cover the price of such options. Any selected options that exceed the balance of the WISH Card will need to be purchased using another form of payment.
A WISH Card may be redeemed for an Experience of a lesser or greater value. If the chosen Experience has a lesser value than the WISH Card, the additional balance will be available to the recipient and may be used toward future Experience purchases. If the chosen Experience has a greater value than the WISH Card, the recipient must pay the difference with another form of payment.
Except as explained in the below "Standard Purchaser Return and Refund Policy," all sales of WISH Card are final.
Experience Certificates, Gift Certificates, and WISH Cards Do Not Expire
Effective March 1, 2012, Experience Certificates and Gift Certificates do not expire. If you previously purchased an Experience Certificate or Gift Certificate that has expired, please contact Cloud 9 Living at 1-866-525-6839 to request reinstatement and to have your expiration date lifted.
The availability, type, and price of the Experiences that we offer on the Website may vary over time. Although Experience Certificates do not expire, any Experience Certificate that is redeemed more than nine (9) months from the date of original purchase will be subject to the current availability of such specific Experience on the Website, and you are responsible for paying for any increase in price for such Experience at the time of redemption. In the event the specific Experience is no longer available at the Website, the Experience Certificate may be redeemed for an Experience then-available at the Website equal to or less than the original purchase price of the Experience Certificate. An unredeemed Experience Certificate may also be exchanged in accordance with the below "Exchanges" section.
2016 Holiday Return Policy
To make your holiday shopping a bit less stressful, any experience or gift certificate purchased between November 1, 2016 and December 31, 2016 can be returned through January 31, 2017 free of charge. All other return policies apply.
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 Certificate or Experience Certificate you purchased, you must do so within 30 days of your purchase. All refunds must be requested by the original purchaser and will be made 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 an Experience is booked in accordance with booking requirements found at the Website.
Recipients may exchange unredeemed or redeemed but unbooked Experiences at any time free of charge.
Booked Experiences must be exchanged in accordance with the posted cancellation policy found on the relevant Experience Detail page at the Website.
Should the recipient choose to exchange for a more expensive Experience, he or she will simply need to pay the price difference. 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, which will be applied to the recipient’s account. Such unredeemed balances may only be redeemed toward future bookings of Experiences at the Website and are not redeemable for cash.
Experience Cancellations & Rescheduling
Once you have booked an Experience and received a booking confirmation, any cancellation and/or rescheduling is subject to the cancellation and rescheduling policies for your specific Experience as listed at Website regarding the description of your Experience. If you fail to appear on your booked date or to cancel and rebook in accordance with the cancellation and rescheduling policy listed for your specific Experience, (i) Cloud 9 Living shall have no further obligation to you, (ii) you shall not be entitled to a refund or exchange, and (iii) your Experience will be considered fully redeemed and booked.
All Experiences are subject to availability and shall be booked in advance in accordance with the requirements found at the Website. Cloud 9 Living makes no claim or guarantee as to the availability of any specific Experience. In the event that Cloud 9 Living no longer offers or otherwise terminates or withdraws an Experience or Experience location, you shall be entitled to exchange the Experience for another Experience of equal or lesser value.
Certain Experiences are very weather dependent. You should not assume that weather conditions will result in a cancellation of a booked Experience. If you fail to appear for a booked Experience that has not actually been cancelled by you or the Experience Provider, (i) Cloud 9 Living shall have no further obligation to you, (ii) you shall not be entitled to a refund or exchange, and (iii) your Experience will be considered fully redeemed and booked. Always contact the Experience Provider with any questions regarding weather conditions. All Experiences cancelled by the Provider due to weather conditions will be re-booked, subject to availability, without any further charge to you. Cloud 9 Living shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a cancelled Experience.
Providers may cancel booked 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 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 Experience.
Third-Party Gift Certificates/Gift Codes
From time to time, the Website may offer gift certificates or gift codes that are redeemable by a third party that is not affiliated with Cloud 9 Living. Such third-party gift certificates/gift codes may either be available for direct purchase on the Website, or may be obtained by redeeming a Gift Certificate or Experience Certificate. In any case, the third party with which the gift certificate/gift code is redeemable shall be considered the issuer, and sole obligor, of such certificates/codes. You acknowledge that Cloud 9 Living shall have no liability to you with respect to these certificate/codes.
On occasion, certain entities including but not limited to corporations, partnerships, other business entities, or non-profit entities (hereinafter "Corporate Customers") will make purchases from the Company for the purpose of either (i) resale in the ordinary course of Customer’s business, or (ii) non-resale redistribution to Customer’s individual customers or employees. For such Corporate Sales, the Corporate Customer agrees that (a) under no circumstances shall it be considered the owner of any Certificates purchased from the Company, (b) it shall not use or redeem the Certificates itself, and (c) it is purchasing the Certificates strictly for either (i) resale in the ordinary course of Customer’s business, or (ii) non-resale redistribution to Customer’s individual customers or employees. Any specific information regarding such resale or subsequent redistribution of Certificates is proprietary to Customer, and Customer shall not provide it to the Company in any form except as otherwise expressly provided in this Agreement. The Company agrees that it shall not request such information from Customer unless required by law to do so.
Disputes and Dispute Resolution
By visiting, accessing, using or browsing the Website, or by purchasing or redeeming a Gift Certificate or Experience Certificate, or by booking an Experience, you agree that the laws 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.
mandatory Binding individual Arbitration. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
You and Cloud 9 Living agree that any and all claims or disputes, whether at law or equity, in any way related to or concerning this Agreement or your purchase, acceptance or use of a Gift Certificate or Experience Certificate, or your purchase of or participation in an Experience or your use of the Website, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Cloud 9 Living may take claims to a small claims court if such claims qualify for hearing by a small claims court. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Cloud 9 Living and its affiliates. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an "award," and court review of an arbitration award is limited. An arbitrator may award on an individual basis the same damages and relief that a court can award under the law (including injunctive or declaratory relief and attorneys’ fees).
Notwithstanding the above, you may choose to pursue your claim in court instead of arbitration if you opt of this arbitration agreement. To opt out, call (866) 525-6839. To be effective, you must opt out within 14 days from the date of your purchase, acceptance or use of a Gift Certificate or Experience Certificate or your purchase of or participation in an Experience, whichever is earlier.
CLASS ACTION WAIVER. You and Cloud 9 Living agree that any proceedings under this Agreement, whether in arbitration or small claims court, will be conducted on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. If a claims proceeds in court rather than through arbitration, You and Cloud 9 Living agree to waive the right to trial by jury.
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Cloud 9 Living’s registered agent for service of process at 4999 Pearl East Circle, Suite #102, Boulder, Colorado 80301, United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Cloud 9 Living will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Cloud 9 Living will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
Lost or Stolen Certificates
Cloud 9 Living shall not be responsible for the loss of, theft of, or damage to any Experience Certificate or Gift Certificate. Cloud 9 Living shall not be responsible for the loss of any Experience Certificate or Gift Certificate as a result of identity theft or fraud.
We believe that Experience Certificates and Gift Certificates make great gifts. Accordingly, you may assign any Experience Certificate or 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 terms and conditions and participant requirements associated with the Experience as specified by the 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 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 Experience; however, the Experience Provider shall be ultimately responsible for the accuracy of the description of the relevant 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 Experience, such as age, height, physical condition, weather or other limitations, restrictions or requirements. Pictures and descriptions of Experiences included at the Website 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 the Website; 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 Experiences
All providers of 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 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 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 EXPERIENCE.
Cloud 9 Living 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 Experience or the actions or omissions of any Provider in connection with the same even if Cloud 9 Living has been advised of the possibility of such damages.
By purchasing and/or redeeming an Experience, Experience Certificate, or Gift Certificate, you hereby RELEASE AND FOREVER DISCHARGE and promise not to sue or assert against CLOUD 9 LIVING 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 AN 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 the Website
If you are a minor, you must obtain the permission of your parents or legal guardians in order to access, use or browse the Website.
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 the 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 the Website, 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 with 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 the Website 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 the Website or downloading any materials or content contained in the Website. In addition, 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 interruptions, defects, delays in operation or transmission or any access line or system failure. Neither CLOUD 9 LIVING 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 institutes 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.
There shall be no third party beneficiaries with respect to these Terms and Conditions or your use of the Website; provided, however, that recipients of Experience Certificates and/or Gift Certificates shall become subject to these Terms and Conditions upon the redemption of such Experience Certificates or Gift Certificates.
You shall indemnify, defend and hold harmless Cloud 9 Living 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.
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.
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 the Website to process your purchases and/or redemptions of Experiences, Gift Certificates, and Experience Certificates; to customize your personal shopping experience, 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. In no event will Cloud 9 Living collect any information that can be used to determine your address, other than any billing address information associated with a credit card purchase. 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 Experiences, Gift Certificates, or 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.
In the event you elect to receive marketing materials, including but not limited to email newsletters, from Cloud 9 Living you agree that we may use the data you provide to deliver marketing and promotional materials to you. You may revoke your consent to receive marketing materials at any time either by written notice to Cloud 9 Living Inc., 4999 Pearl East Circle #102, Boulder, CO 80301, or you may unsubscribe from any email newsletter via the link provided at the end of each marketing email communication. We transfer your data to our service providers only for data administration and hosting purposes.
In connection with marketing efforts, we may utilize user data to create anonymous user profiles for purposes of market research, advertising or customized marketing materials. As part of certain marketing activities, our service providers may obtain necessary data to provide services outline herein. They reserve the right to use this information only for their designated activities and are prohibited from sharing it with unauthorized third parties.
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.
Under no circumstances shall Cloud 9 Living disclose to any party any data, information, or other details regarding the redemption or use of Gift Certificates or Experience Certificates. All such data, information, and details are strictly proprietary to Cloud 9 Living and constitute trade secrets.
Copyright Terms and Conditions
The copyright to all materials and content contained in the Website 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.