terms of use
Cloud Nine Collective Terms of Use
BY UTILIZING CLOUD NINE COLLECTIVE’S SITE AND SERVICES YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS, POLICIES, CONDITIONS, AND NOTICES SET FORTH BELOW CONSTITUTING THIS AGREEMENT (“TERMS OF USE”). THIS ACCEPTANCE IS EFFECTIVE UPON ENTERING OUR SITE AND SHALL REMAIN IN EFFECT THROUGHOUT YOUR USE OF THE SITE AND SERVICES.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE AND SERVICES (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH ALL THE TERMS OF THESE TERMS OF USE THEN YOU MAY NOT USE THE SITE OR SERVICES AND MUST CEASE ANY USE OR ACCESS.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. General Information
Cloud Nine Collective, LLC (“Cloud Nine Collective” or “we” or “us”), a Pennsylvania limited liability company and you, a customer (“Customer” or “you(r)”), wishing to utilize the services provided by Cloud Nine Collective, are the parties to these Terms of Use. These Terms of Use govern your use of Cloud Nine Collective’s website (“Site”) and services, including, but not limited to, product sales and shipping, online communications, and any and all other affiliated sites, services, etc. provided by Cloud Nine Collective (“Services). Exceptions to these Terms of Use or any other agreement with Cloud Nine Collective will only be allowed if Cloud Nine Collective agrees to them in writing.
Cloud Nine Collective retains the right to change these Terms of Use from time to time. If Cloud Nine Collective makes changes to the terms, you will be notified before the changes become effective. Continued use of the Site and Services constitutes your continued acceptance of, and agreement to, these Terms of Use. If you disagree with any changes, you must stop using Cloud Nine Collective's Site and Services.
2. Privacy
By agreeing to these Terms of Use you also agree to our Privacy Policy, you can review here: (link to privacy policy)
Cloud Nine Collective utilizes Wix, Google services, Inventora, Shippo, Rollo, and Mailchimp, and their related affiliates to deliver the Services (“Third Party Service Providers”), including product shipments. Through using the Site and Services you will likely be giving personal information such as your name, email address, shipping and billing addresses, IP address, phone number, etc. to us and the applicable Third Party Service Providers. As applicable your personal information will be held on the servers of the Third Party Service Providers and Cloud Nine Collective can see what information is collected and view the information. Therefore, each of the Third Party Service Providers and Cloud Nine Collective are separately responsible for the personal information received and how it is managed. That means that Cloud Nine Collective cannot be responsible or liable for what any Third Party Service Provider does with any information received from you. Each Third Party Service Provider is solely responsible for the privacy procedures they put in place and what they do with your information.
3. Eligibility
Use of the Site is limited to individuals who can enter into legally binding contracts under all applicable state and Federal laws. Therefore, you warrant and represent that you are, 1) over the age of 18 and if applicable, a duly authorized representative of a legally formed and operating business entity (whether it be self-employed/sole proprietor, LLC, corporation, or other valid entity) or under the age of 18, but older than the age of 13 with parental oversight; 2) the information you have submitted is accurate and you will inform Cloud Nine Collective of any updated information to ensure accuracy, and you will not provide any misleading information, and 3) you are using the Site and Services for the purposes for which they are intended. You may not use the goods purchased directly through the Site for resale. Wholesale orders must be separately placed by contacting Cloud Nine Collective. You will not be able to utilize the Site and Services if you do not qualify under the above requirements.
Children 13 and younger should not use our Site at all. See our privacy policy for what to do if you are a parent who believes their child may have incorrectly communicated information to us.
4. Buying From Us
HOW: Customers can order and pay for items available through the Site and Services. Payment will be processed via Square, a third party payment processor, and any plugins of other payment systems that they use, for example, PayPal, Inc. Cloud Nine Collective does not see or collect customer credit card information. Cloud Nine Collective is not responsible or liable for any delays or issues with payment related to Square or other payment processors they use.
COSTS: You will be charged for shipping costs and sales tax (if applicable) in addition to the price of the item you are purchasing. Shipping costs and sales tax will be listed at product order check out. We may offer discounts on shipping for orders over a certain purchase amount, but are not obligated to.
INFORMATION AND ADDRESS. You are responsible for ensuring all information supplied at purchase is accurate including your name, email, shipping address, and payment information. We are not responsible if you fail to provide accurate information or we cannot contact you due to incorrect information. Again, please make sure you put the right shipping address in the form when you are ordering. We ship to the address you put in. If an item was sent to the address you entered, but you want it sent to a different address, then you pay for the costs of re-shipping the item. If we sent something to the wrong address, we’ll resend it, however, if the shipping company incorrectly delivered your order, you will need to contact and work directly with the shipping company. We are not liable or responsible for the actions of the shipping company.
CANCELLATIONS. If you need to cancel your order please contact us as soon as possible after placing an order. Whether or not the order can actually be canceled is in Cloud Nine Collective’s sole discretion. We will let you know whether or not your order can be canceled within a reasonable time after contacting us to request cancellation.
RETURNS/EXCHANGES: We do not typically offer refunds or accept returns except if you receive a damaged or defective product. If you believe a product you have ordered is damaged or defective (or not the product you ordered), please contact us within seven (7) days of product delivery (as determined by the shipping carrier tracking) and let us know what the issue is, pictures of any damage or defectiveness, and if you would like a refund or exchange. Upon review of your communication, we will let you know if the item can be returned. If the item is approved for return, then it must be returned within fourteen (14) days of the communication from us, unopened, unused, and in its original product packaging. Customers are responsible for any return shipping costs. Refunds/exchanges will be processed by Cloud Nine Collective in a reasonable time frame after the return is received and processed. We reserve the right to inspect the product upon return to ensure it matches the communication/reason it was returned.
LIMITATIONS, DISCLAIMERS, AND RIGHTS. We have made every effort to display as accurately as possible the colors and images of our products that appear for sale, however, we cannot guarantee that the photos or your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We currently do not ship outside of the United States. We may exercise our right to limit sales on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer or cancel an order for any reason, including if we believe a customer is purchasing for resale, or improper use. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 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 Service will be corrected. Customers should read all product labels carefully before use. Please see our Purchase Terms for additional information.
5. Code of Conduct
Customer, and any of its heirs and assigns, agree to NOT: Interfere with the Site and Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and Services; use a robot or other automated means to monitor the activity on or copy information or pages from the Site and Services, except search engines, traffic counters, or similar basic performance monitoring technology; impersonate another person or entity; Violate these Terms of Use; use any meta tags, search terms, keywords, or similar tags that contain Cloud Nine Collective's name or trademarks; engage in any activity that interferes with another user's ability to use or enjoy the Site and Services, including activity that places a disproportionate burden on the Site and Services compared to ordinary use from a single, ordinary user; use the Site, Services, and products available for sale for commercial resale purposes without written approval by Cloud Nine Collective, and/or assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
6. Termination
Cloud Nine Collective may immediately, and at any time: limit, refuse to provide you with, and/or terminate your use of Cloud Nine Collective’s Site and Services, in their sole discretion, under, including, but not limited to, any of the following circumstances: Customer has violated, or it appears that they will violate, any of these Terms of Use, or any Federal, State, or local Law; Cloud Nine Collective believes in its sole discretion that your use of the Sites and Services may create any risk (including any legal risk) for Cloud Nine Collective, its affiliates, contractual partners, or users; any reason Cloud Nine Collective deems valid for termination, in its sole discretion.
7. Intellectual Property
Cloud Nine Collective is the owner of all intellectual property and other applicable rights, title, and interest in and to all content, property, tools, techniques, code, etc. on its Site and Services (“Properties”), except to the extent they contain third-party owned contributions. Your use of the Site and Services does not grant you any right, title or interest to these Properties, except that Cloud Nine Collective grants you a limited, revocable license to access and use the Site and Services for their intended purposes. You may only use the Site and Services in compliance with these Terms of Use and any other agreements or requirements imposed by Cloud Nine Collective.
You must respect and not infringe upon the intellectual property rights of Cloud Nine Collective and/or any third party. Any purchase of Cloud Nine Collective products does not transfer any intellectual property rights.
Any images, writing, comments, feedback, testimonials, notes, ideas, suggestions or other content you post, send, or provide us through our Services, which includes on the website, (“Your Content”) is yours and you are solely responsible and liable for it. Cloud Nine Collective is not responsible or liable for any content a user posts, sends, or links to through using our Services. You warrant and represent to us that you have the rights to post, send, or provide any of Your Content and that you are not infringing on anyone’s intellectual property or other rights by posting, sending, or providing it. Do not post or provide anything illegal, vulgar, dishonest, fraudulent, defamatory, libelous, misleading, etc.
Additionally, by posting or providing Your Content you grant Cloud Nine Collective a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Cloud Nine Collective in any formats and through any channels. You warrant and represent that you will not to assert any moral, intellectual property, or rights of publicity against Cloud Nine Collective for using Your Content. You recognize we have a legitimate interest in using Your Content, including your username, likeness, and photos you provide, and understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If you believe any other user or third party has infringed on your intellectual property rights to Your Content, send a notice to the email address shown below. Please provide ALL of the following information (as required by 17 U.S.C. §512(c)(3)):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and email address; This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law.”; and A statement that the information in the notification is accurate and that the signatory to the notice has the authority to enforce the rights that are the subject of the infringement claim. Upon receipt of the above information, we will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.
Designated Agent for Notification of Claimed Copyright Infringement:
cloud9pgh@gmail.com
8. Disclaimers
Cloud Nine Collective provides the Site, Services, and products on an "as is" and "as available" basis. Cloud Nine Collective does not represent or warrant that the Site and Services or their use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. CLOUD NINE COLLECTIVE HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT OF THE LAW FOR ALL SITE, SERVICES, AND PRODUCTS, EXCEPT TO THE EXTENT THAT THESE TERMS OF USE PROVIDE OTHERWISE.
You agree that Cloud Nine Collective has no responsibility or liability for any direct damages or third party claims suffered by you in connection with the Site and Services, and that use of the Site and Services, including all content, data or software distributed by, downloaded, or accessed from or through the Site and Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you and/or your computer system or any loss of data that results from your actions and your use of the Site and Services. You use the Site and Services at your own risk.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). For these, or any other reason, Cloud Nine Collective may reasonably adjust the Site and Services within its discretion without notice.
As stated above, Cloud Nine Collective utilized Third Party Service Providers to deliver the website platform, payment processing, and other elements of the Site and Services, and Cloud Nine Collective does not control or endorse in any respect any information, products, or services offered by third parties through the Site and Services, and is not responsible for any possible representations and warranties these third parties may make. You agree that Cloud Nine Collective will not be liable to you in any way for your use of the Third Party Service Providers and any other third party services and that you should, and are responsible for, reviewing the terms and conditions and privacy policies of any third party service provider.
9. Limitation of Liability
YOU USE CLOUD NINE COLLECTIVE'S SITE AND SERVICES AT YOUR OWN RISK. CLOUD NINE COLLECTIVE PROVIDES ITS SITE, SERVICES, AND PRODUCTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. CLOUD NINE COLLECTIVE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. YOU RELEASE CLOUD NINE COLLECTIVE AND OUR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE AND SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS IN FULL: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
CLOUD NINE COLLECTIVE IS NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, SERVICES, AND/OR PRODUCTS OR ANY AGREEMENT BETWEEN YOU AND CLOUD NINE COLLECTIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOUD NINE COLLECTIVE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND SERVICES OR ANY AGREEMENT BETWEEN YOU AND CLOUD NINE COLLECTIVE MAY NOT EXCEED THE THE AMOUNT OF MONETARY FUNDS ACTUALLY EXCHANGED BETWEEN YOU AND CLOUD NINE COLLECTIVE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY DESCRIBED IN THIS SECTION. IN SUCH CASES, CLOUD NINE COLLECTIVE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU INDEMNIFY AND HOLD HARMLESS CLOUD NINE COLLECTIVE, AND ANY OF ITS OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, COSTS, AND ANY OTHER EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING FROM, RELATING TO, OR AFFILIATED WITH A BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, COVENANT, TERM OR OBLIGATION IN THESE TERMS OF USE, OR ARISING FROM, RELATING TO, OR AFFILIATED WITH ANY THIRD PARTY CLAIM AGAINST YOU.
10. Data Protection
You acknowledge that you are responsible for securing your own information, keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your information.
11. Dispute Resolution
The formation, construction, and performance of these Terms of Use (and all other agreements with Cloud Nine Collective) must be construed in accordance with the laws of the United States and the State of Pennsylvania without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to this Agreement must be submitted to confidential binding arbitration in Allegheny County, Pennsylvania except that Cloud Nine Collective may seek injunctive or other appropriate relief in any state or Federal court in Pennsylvania if you have violated or threatened to violate the intellectual property rights of Cloud Nine Collective. The parties agree that: the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”); any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
If any action or claim is filed in contravention of the arbitration rules provided in this section the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania and both waive the right to a jury trial. All claims filed or brought contrary to this section are improperly filed, and the non-filing party is entitled to recover all attorneys fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
CLOUD NINE COLLECTIVE AND CUSTOMER MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in this Agreement or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
12. Miscellaneous
Entire Agreement. These Terms of Use (along with any other agreements and policies incorporated in this Agreement or posted Cloud Nine Collective's Site and Services) is the entire agreement between the parties related to the use of the Site and Services and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of these Terms of Use.
Relationship of Parties. These Terms of Use and other agreements relating to the Site and Services do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated.
Successors, Assignment, and Delegation. These Terms of Use carry over and continues to the benefit of, and binds, the successors, assigns, heirs, executors and administrators of the parties.
Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published, except as otherwise provided in these Terms of Use. You guarantee that the information provided is accurate and hereby waive all rights or objections relating to not having received notices from Cloud Nine Collective because of incorrect or incomplete information.
Enforceability and Severability. If any provision of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
Waivers. Waivers are only effective when in writing. If Cloud Nine Collective waives enforcement of any term of these Terms of Use, later breaches of the same or other terms shall not be considered waived.
Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in this agreement are for convenience only, and are not to be taken into account when interpreting the meaning of any term of these Terms of Use.
Conflicts. If there are any conflicts between these Terms of Use and any other agreement between you and Cloud Nine Collective, any additional terms are supplementary to the terms of these Terms of Use.
Reservation. Cloud Nine Collective reserves all rights not expressly granted in these Terms of Use.
No Third-Party Beneficiaries. These Terms of Use do not and is not intended to confer any rights or remedies upon any person(s) other than the parties.
Retroactive Application. You agree that your acceptance of this version of these Terms of Use and all other agreements incorporated by reference apply retroactively to your use of the Site and Services prior to the effective date of these Terms of Use.
Last Updated: 08/2023
Contact information:
cloud9pgh@gmail.com