These Terms and Conditions apply to all visitors to or users of the Cloud 9 Life websites located at cloud9life.com, and any mobile versions of these websites or any other websites operated by Cloud 9 Life or any of its affiliates that link to or adopt these Terms (collectively, the “Websites”). These Terms also apply to applications created by Cloud 9 Life that are available for various mobile devices that link to or adopt these Terms (our “Mobile Applications”). The term "Online Channels" is used in these Terms to refer to both our Websites and Mobile Applications. By using any of these Online Channels or downloading a Mobile Application, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Online Channels or download a Mobile Application.
Cloud 9 Life (referred to as "Cloud 9 Life," "we," "us" and "our") reserves the right to change these Terms, in whole or in part, at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these Terms on the Online Channels. You should always check these Terms prior to using our Online Channels. Your continued use of an Online Channel following the posting of changes to these Terms will mean that you accept those changes.
Orders placed on cloud9life.com and Executive's personal websites will appear on your bank or billing statement as "Cloud 9 Life, LLC."
Buying from Our Online Channels:
We reserve the right, with or without prior notice, to:
The price and availability of any product or service offered through our Online Channels are subject to change without notice, and we will not be responsible for typographical errors, inaccuracies or omissions in the prices or descriptions of any products or services. We have made every effort to display as accurately as possible the colors, styles and features of our products that appear on our Online Channels; however, the actual color, styles and features you will see will depend on many factors, including your device, and we cannot guarantee that your device will accurately display our colors, styles and features. The inclusion of any products on our Online Channels does not imply or warrant that these products will be available over the internet at any particular time.
EZ Ship & Save Terms and Conditions
EZ Ship Benefits
When you purchase product(s) on Cloud9Life.com and enroll in our Autoship program, you are signing up for continuous shipments of such products and may select how often you would like your product(s) delivered to you. You may change your periodic delivery schedule at any time (including on a one-time basis), as well as your shipping address, payment method, and products included in the program. Additionally, when you enroll in the Autoship program, you will save an additional percentage on our everyday low prices.
C9L reserves the right to change Autoship benefits at any time in its sole discretion, including discount amounts and eligibility used to determine discount amounts; provided, however, C9L will not change the price of your next shipment once you have authorized an order as set forth in these Terms. Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). Subscriptions are good while supplies last.
Notifications; Automatic Order Creation; Order Changes or Cancellation
When you place your initial order for a product and enroll in our Autoship program, you will receive a notice that your Autoship subscription has been created, the charge will appear on your bank statement from Cloud 9 Life, LLC and your first order will be processed. Your first order will be processed immediately, and your selected payment method will be charged at the time the order is placed. Your Autoship subscription will thereafter automatically create a new order every 28 days, until you cancel.
For subsequent orders of products included in Autoship, up to 72 hours prior to the ship date selected by you, you will receive a pre-shipment email notification reminding you of your upcoming shipment, the period available to make changes to your order and the scheduled ship date. You can edit or cancel your order during the period beginning upon receipt of such email notification and ending 12:00 AM PT the day preceding your designated ship date (i.e., the day prior to your ship date). If you do not cancel the order before the day prior to your ship date, your order will be authorized, and a credit card authorization hold will be placed on the payment method used to create your subscription or updated payment method you may provide. You may see a pending charge during this time as we prepare your order. There is no need to call or update any information online when you see this pending charge.
Credit Card Authorizations and Charges
When you sign up for continuous shipments on Autoship, you will be required to expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. C9L will submit periodic charges (e.g. monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel or to change your payment method. Approximately 24 hours prior to your designated ship date, your order will be authorized, and a payment authorization hold will be placed on your chosen payment method. Once your order is processed, your payment method will be charged for the authorized amount. For clarification purposes only, a payment authorization hold is not an actual charge, i.e, if an authorization hold is placed for $49 on January 1 and your payment method is charged $49 on January 2 when your order is shipped, you will only see one actual charge on your payment method on January 2 for $49. An authorization hold may impact the amount of remaining credit available to you under your chosen payment method.
Pricing; Payment; Renewal; Cancellation
The amount you are ultimately charged for a product delivered pursuant to our Autoship program will be the price of that item as stated in the pre-shipment email notification you receive or lower, if the price of the product is lower on our site as of the time your order is authorized. Once your order has shipped, your chosen credit card or other payment method will be billed this amount. You will not be charged until your order ships. The total cost charged to your payment method for each Autoship order will be the price of the item, less the EZ Ship & Save discount or any other discount, if applicable, plus any applicable shipping charges and sales tax. Any credit balances on your Cloud9Life.com customer account may be applied toward the balance of your order before charging any remaining balance to your payment method.
The charge for each Autoship item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. We will attempt to bill your method of payment up to 4 times. After the 4th attempt, if we are unable to complete your Autoship order with the payment method you used to create your subscription, we will notify you and give you the opportunity to add another payment method in your account and to charge the payment method for your Autoship order.
Your subscription will remain in effect until it is cancelled. You can cancel at any time via Autoship Manager, which can be found in your My Account settings.
We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the Cloud9Life.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.
Cloud 9 Life guarantees that our customers will love our products or they can return the open or empty bottle/packets for a full refund within 60 days from date of purchase. Proof of purchase is required for any refund. Please contact Customer Support through our live chat function for return instructions.
Defective products can be returned within 90 days of product order from Cloud 9 Life for replacement of the same product. At the discretion of Cloud 9 Life any defective product may be required to be returned to the home office so it can be verified that the item does not meet product specifications.
All returned items must be accompanied by a Returns Material Authorization (RMA) letter issued by a Cloud 9 Life Customer Support Representative. Cloud 9 Life will pay the shipping charges for products returned because of defects. The Company will provide a Call Tag or Returns Material Authorization (RMA) to cover the shipping charges for a defective item return.
We Serve U.S. & Canadian Customers Only
We control and operate the Online Channels from our offices located in the State of Florida, United States of America. The Online Channels are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, the materials made available through the Online Channels are presented solely for the purpose of providing services and promoting products available in the United States. We make no representation or warranty that the Online Channels, or any products, services, or materials made available through the Online Channels, are appropriate or available for use in other locations. Those who choose to access the Online Channels from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
Notice to Cloud 9 Life Executives:
A "Cloud 9 Life Executive" is an individual:
The "Cloud 9 Life Executive Agreement" means the Cloud 9 Life Executive Application and Agreement form, collectively with the Terms and Conditions accompanying the Executive Application and Agreement, and the Cloud 9 Life Executive Rewards Plan Guide. If you are a Cloud 9 Life Executive, you agree that your use of the Online Channels is subject not only to these Terms, but also to the terms and conditions contained in your Executive Agreement. If there is a conflict between these Terms and the Cloud 9 Life Executive Agreement, the Cloud 9 Life Executive Agreement will control.
1. Terms Specific to Users of Mobile Applications
In addition to all the remaining Terms herein, if you are downloading a Mobile Application, you understand and agree that we have no obligation to maintain, support, upgrade or update any Mobile Applications that we provide. It is also possible that, as you download a Mobile Application, you may be asked to agree to terms in addition to these Terms regarding collection of information, including location information or warranties. If there is a conflict between these Terms and the terms you agree to at the time of downloading, the agreed to downloading terms will control. You understand and acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the downloaded Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application and you accept responsibility for any such charges. You acknowledge that if you are downloading a mobile application through Apple iTunes or Google Play, neither Apple nor Google have an obligation to provide any support or maintenance services in relation to our Mobile Applications. If you have maintenance or support questions in relation to one of our Mobile Applications, contact us at firstname.lastname@example.org.
2. Using the Online Channels
We own and operate the Online Channels. The contents of the Online Channels are copyrighted under United States copyright laws. We grant you a limited license to access and make personal use of the Online Channels. No right, title or interest in our Information (defined below) is conveyed to you.
Except as stated in these Terms, none of the material on the Online Channels, including each web page and related images, videos, HTML code, scripts, software to provide Mobile Applications or other digital assets (collectively, the “Information”) may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way. You may not:
Any unauthorized use of any of the Online Channels or the Information is prohibited.
"Cloud 9 Life" and our other trademarks, trade names, brand names, service marks, logos and trade dress appearing on the Online Channels are our proprietary trademarks, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. The use of any of our trademarks, trade names, brand names, service marks, logos or trade dress is strictly prohibited, except as expressly provided by these Terms.
Special Notice: We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following:
Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We retain the right at our sole discretion to deny access to any one to our Online Channels at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
3. Your Information and Comments
You may be required to register with us in order to access certain areas of the Online Channels (referred to as “Accounts”), for example, if you are a Cloud 9 Life Executive or purchase our products or otherwise initiate Transactions (as defined below in Section 7, “Buying from Our Online Channels”). With respect to any registration, we may refuse to grant you, and you may not use, a user name or email address that:
You are responsible for maintaining the confidentiality of any password you use to access the Online Channels. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Online Channels to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Online Channels that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your Account, your user name or the Online Channels. You also agree that you will “log off” and exit from your Account with the Online Channel (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
5. Your Behavior
We expect users of the Online Channels to respect the law as well as the rights and dignity of others. While using the Online Channels, you agree to comply with all applicable laws, rules and regulations. Your use of the Online Channels is conditioned on your compliance with the rules of conduct below. Your failure to comply with these rules of conduct may result in termination of your access to the Online Channels. You agree that you will not post, transmit, redistribute, upload, or promote any communications, content or materials that:
You also agree not to engage in any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Online Channels or our related services and products.
Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use our Online Channels, and for paying all charges related to using our Online Channels.
6. Notice of Copyright Infringement
We do not permit copyright infringing activities on our Online Channels and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights. We may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to the Online Channels is determined to be a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any content on our Online Channels infringes upon your copyrights, you may notify us by providing the following information in writing:
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
7. Our Executives and Their Personalized Sites
Cloud 9 Life Executives are our independent third party contractors and are not otherwise affiliated with us. We are not responsible or liable for the statements, acts or omissions of Cloud 9 Life Executives, whether through or in connection with the Online Channels, “offline,” or otherwise. Without limiting the foregoing, we enable Cloud 9 Life Executives to create personalized online sites that contain Cloud 9 Life branding and content and that may share URLs with our Online Channels. You acknowledge and agree that we have no control over, and are not responsible or liable for, any text, images, or other information or materials posted by Cloud 9 Life Executives to such personalized online sites or any customizations made by Cloud 9 Life Executives to such personalized online sites (such information, materials, and customizations) or any materials communicated by a Cloud 9 Life Executives to you. We have not taken any steps to confirm the accuracy or reliability of any such information or other materials communicated by a Cloud 9 Life Executive to you, and we make no representations or warranties as to the security of any communications between you and any Cloud 9 Life Executive.
Links may be established from our Online Channels to one or more external websites or resources operated by third parties (the “Third Party Sites”). None of these links should be deemed to imply that we endorse the Third Party Sites or their content. Unless the link is to another Cloud 9 Life Website, we do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to Third Party Sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
ONLINE CHANNELS: THE ONLINE CHANNELS, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ONLINE CHANNELS, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE ONLINE CHANNELS. ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY:
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the Online Channels and the servers from which the Online Channels are operated, the Online Channels may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Online Channels. If you become aware of any unauthorized third party alteration to the Online Channels, contact us at email@example.com with a description of the materials at issue and the URL or location on the applicable Online Channels where these materials appear.
10. Limitation of Liability
IN NO EVENT SHALL Cloud 9 Life, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "Cloud 9 Life ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF:
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY Cloud 9 Life CONSULTANT), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS, THE ONLINE CHANNELS, OR YOUR USE OF OR INABILITY TO USE THE ONLINE CHANNELS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE ONLINE CHANNELS.
You will indemnify and hold the Cloud 9 Life Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”):
You agree to reimburse the Cloud 9 Life Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.
12. Termination and Enforcement
These Terms are effective until we terminate them. You agree that we, at our sole discretion, may terminate your access to Accounts and use of the Online Channels that are accessed through your Account (“Account Channels”), at any time and for any reason. Upon any such termination, your right to use the Accounts and Account Channels will immediately cease. You agree that any termination of your access to or use of the Accounts and Account Channels may be effected without prior notice, and that we may immediately deactivate or delete any user name and/or password you used or provided, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Accounts and Account Channels or to any such information or files, and will not be required to make such information or files available to you after any such termination. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Online Channels and/or a third party claim that your use of the Online Channels is unlawful or violates such third party's rights).
13. Information or Complaints
We are located at 405 Fifth Ave South STE 7, Naples FL 34102. Please feel free to contact us to resolve a complaint regarding any aspect of our service by writing to this address or sending an email to firstname.lastname@example.org.
14. Governing Law
These Terms are governed by the laws of the State of Arizona, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Arizona, for any action, suit or proceeding arising out of or relating to these Terms or your use of Online Channel, including related services or products.
15. General Information
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Channels or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No agency, partnership, joint venture, or employment is created as a result of these Terms. You do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any other rights under these Terms. We will not be liable for any failure to perform our obligations under these Terms if the failure results from any cause beyond our reasonable control, including without limitation, mechanical, electronic, or communications failure or degradation. You may not assign, transfer, or sub-license these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
This document was last revised on July 20, 2020.